Time: Thu Nov 28 08:05:14 1996
Date: Thu, 28 Nov 1996 07:42:05 -0800
To: libertylaw@www.ultimate.org
From: Paul Andrew Mitchell [address in tool bar]
Subject: LLAW: Supremes' construction of P&I clause

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>In re:
>
>> What is "Art. 14, sec 2, cl 1"?
>> Are you referring to the 14th amendment ...
>> /s/ Paul Mitchell
>
>---\\\  Yes, oh ye of little faith.

Just making sure.  See Dyett v. Turner,
Utah Supreme Court (1968).

It was perilously close to 4:2:1,
the topic of conversation these days
(see "Subject:" line above).

Incidentally, referring to the 14th
Amendment as "Art. 14" implies that
"Art 1" and "Art I" are two different
things, do you agree?  Section 2 of
the 14th amendment is still further
evidence of two separate classes of
citizenship:

"... the proportion which the number of
 such male citizens shall bear to the 
 whole number of male citizens twenty-one
 years of age in such State."

"such male citizens" refers to federal citizens,
i.e. "male inhabitants of such State, being
twenty-one years of age, and citizens of the
United States ...."

Thus, the failed 14th amendment is also pertinent
to Congressional apportionment, and such questions
justify a 3-judge panel of federal judges to preside
over the District Court of the United States.

/s/ Paul Mitchell


  Read the following and you will
>see that less than 5 years after the above came to be, it was 
>rendered a "practical nullity" by the supremes in the Slaughter-House 
>Cases, 16 Wall. (83 U.S.) 36, 71, 77-79 (1873).  This dicision was 
>said to have frustrated the aims of the most aggressive sponsors of 
>the clause, to whom was attributed an intention to centralize "in the 
>hands of the Federal Government large powers hitherto exercised by 
>the States", with a view to enabling business to develop inimpeded 
>by state interference.  This attempt to expand the federal system was 
>to have been achieved by converting the rights of citizens of each 
>State as of the date of the alleged adoption of the 14th Amendment 
>into privileges and immunities of United States citizenship and 
>thereafter perpetuating this newly defined status quo through 
>judicial condemnation of any state law challenged as "abridging" any 
>one of the latter privileges.
>
>     To have fostered such intentions, the supremes declared, would 
>have been "to transfer the security and protection of all the civil 
>rights . . . to the Federal Government, ... to bring within the power 
>of Congress the entire domain of civil rights heretofore belonging 
>exclusively to the States,: and to "constitute this court a perpetual 
>censor upon all legislation of the States, on the civil rights of 
>their own citizens, with authority to nullify such as it did not 
>approve as consistent with those rights, as they existed at the time 
>of the adoption of this amendment ...  [The effect of] so great a 
>departure from the structure and spirit of our institutions ... is to 
>fetter and degrade the State governments by subjecting them to the 
>control of Congress, in the exercise of powers heretofore universally 
>conceded to them of the most ordinary and fundamental character; ... 
>We are convinced that no such results were intended by the Congress 
>..., nor by the legislatures ... which ratified" this amendment, and 
>that the sole "pervading purpose" of this and the other War 
>Amendments was "the freedom of the slave race."  
>
>      The words "freedom of the slave race" were used by the supremes.
>I don't believe any human should be enslaved.   (Except maybe Gina 
>Davis and Sigourney Weaver --- and then only if they wear studded 
>collars and spurs and bring along saddle, a quirt, three cans of whipped 
>cream and two peanut brittle bars when they visit the massa's house.)
>Yipee ki yea!
> 
>> P.S.  It is better form to use "L.Ed.2d"
>> rather than "LEd2d" -- Lawyers' Edition,
>> Second Series.
>
>----///  Do you prefer form over substance?

No, I prefer form AND substance,
whenever and wherever possible.

/s/ Paul Mitchell

P.S. "LED2duh Slaughterhouse" by Janet Reno



  The courts accept either.  
>By not using dots I save at least three or four thousand of them a year, 
>not to mention all the extra paper, laser toner and wear & tear on my 
>dot-pressing finger which has to push the dot key.  I'm what you could
>call a "dot conservationist,"  who's doing his little bit to preserve Mother 
>Nature's dots.
>
>pap


Aha,  I see.  Have you considered
the Dvorak simplified keyboard (DSK)?
That will conserve finger travel too,
which should make EPA very happy with
you.

/s/ Paul Mitchell

P.S.  Nice quotes from Slaughterhouse.


>\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/
>The first thing we do, we eat all the lawyers!
>                              ...  Lex t. Rex
>   e-mail = jpapania@asu.campus.mci.net
>    alternate = jpapania@aztec.asu.edu
>/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/
>
>
>
>
>
>

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Paul Andrew Mitchell, B.A., M.S., email address: pmitch@primenet.com      
ship to: c/o 2509 N. Campbell, #1776, Tucson, Arizona state [We win]
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Coming soon: "Manifesto for a Republic" by John E. Trumane ie JetMan
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