In theory, Congress wanted to use warranty clauses to protect the basic rights of its citizens from the overwhelming and tyrannical state government. It has been done before. After the Civil War, parliamentary radical Republicans found constitutional authority to rebuild the South, primarily with guarantee clauses. It was used to protect the rights of black Americans from the avenger’s state government.
However, since the reconstruction, no Congress has hoped to use warranty clauses to protect the rights and freedoms of Americans. It is part of the history of our Constitution and is atrophied from disuse.
The same applies to Sections 2 and 3 of the Article 14 Amendment. Section 2 states that “representatives shall count the total number of people in each state, except for non-taxed Indians, and be distributed to several states according to each number.” .. Then, if the right to vote for the federal government is “rejected” or “somehow summarized except for participation in the rebellion” against “any of the male inhabitants” of such states, then “in it” The rationale for the representative is reduced in proportion to the rejection of the problem.
Section 3 also describes expressions.It states it
No person may be a member of the House of Representatives or a member of the House of Representatives, or an elector of the President and Vice President, and an officer of Parliament, or the United States, under the United States or under a previously sworn state. As, or as a member of the House of Representatives, or as a state enforcement or judiciary in support of the United States Constitution, you may have engaged in a rebellion or rebellion against the same. , Or gave help and comfort to its enemies.
The purpose of Section 2 was to invalidate three-fifths of the Constitution and prevent the state government from depriving black voters of their rights. The purpose of Section 3 was also to prevent former South Army leaders from holding state and federal positions. However, while the Fourteenth Amendment empowers Congress to enforce its provisions by “appropriate legislation,” Congress has exercised its ability to deny representation to states that violate citizens’ voting rights. And I have never used the ability to disqualify a member of parliament. Engaged in acts of rebellion or riots. On January 6, Cori Bush and Alexandria Ocasiocortes called on Congress to investigate and expel the members who supported the attack, but their request went nowhere.
Here’s why I think it’s important to talk about these seemingly idle provisions. As recent events have revealed, powerful rebels have used the anti-majoritarian system of the American political system to successfully fight American democracy, meaning autonomy means minority domination and Bugaboo. Many of the warriors of right-wing culture, who obscure their views with a distorted version of our constitution, are somehow “deeply rooted” in our “history and tradition.”
But the republic is not defenseless. The Constitution gives elected civilians the power to detain lawless Supreme Courts, protect citizens from the state’s “sinister laws”, deprive residents of voting rights, and punish the state for expelling rebels from parliament. I am giving.