Time: Sun Apr 20 05:51:01 1997
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Date: Sun, 20 Apr 1997 05:41:29 -0700
To: liberty-and-justice@pobox.com
From: Paul Andrew Mitchell [address in tool bar]
Subject: Re: L&J: SLS: original 13th Amendment
References: <970420013204_-1301201104@emout14.mail.aol.com>

In 1819, Virginia put it over the top.

/s/ Paul Mitchell



At 12:11 AM 4/21/97 -0400, you wrote:
>A couple of questions:
>
>Why does anyone suggest that "Esquire"
>is a title of nobility?  According to
>Bouvier's it is a title of respect
>just above gentlemen.
>
>When was this suppose to be ratified.
>Again, according to Bouvier's, as of
>1856 it had not been ratified.
>
>Jim Bullock
>
>
>StCool@aol.com wrote:
>> 
>> The original 13th amendment did place a  specific ban  against  titles  of
>>  nobility,  and defined a  penalty for  those who  accepted such  titles.
>>    That
>> penalty was  a loss  of citizenship and a loss of eligibility for
>> public office.
>> 
>>    However, there remains a scholarly debate pertaining to whether the
>> amendment was ratified by the required three-fourths.  The amendment was
>> proposed during a period of time when States were forming in rapid
>> succession.  The Constitution requires a three-fourths majority of the
States
>> for an amendment to be made part of the Constitution.
>> 
>> The dilemma, in a nut-shell,.... would the three-fourths majority be
based on
>> the number of States that were present at the time of proposal, or would
>> newly formed States that emerged after the time of proposal and the before
>> the needed three-fourths majority was reached increase the total needed for
>> ratification?
>> 
>> Apparently, a three-fourths was met if one just counted the number of
States
>> that were present at the time of proposal, but never a three-fourths
majority
>> if the total number of States were counted.  Adding to the controversy
is the
>> question "Does a proposed amendment passed by Congress and submitted to the
>> states for ratification have a sunset clause if one isn't present in the
>> amendment.  Such a clause would be,....  "This Amendment must be
ratified by
>> three-fourths of the States within 7 years of the date approved by
Congress."
>>  Apparently, the original 13th amendment didn't have such a condition
and the
>> Constitution doesn't specify the time the States have to decide on an
>> amendment.   Hmmmmm....apparently the founding fathers missed something
when
>> they drafted the Constitution.
>> 
>> Steve
>> 
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Paul Andrew, Mitchell, B.A., M.S.    : Counselor at Law, federal witness
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