Opinions on the Missing 13th
What others are saying
Reputable Attorney Larry Becraft has presented proof that the Missing 13th Amendment was never ratified. See Becraft on Missing 13th.
Jon Roland:Justice Jospeh Story, writing in 1833, seemed sure the missing 13th had not been adopted, but discussed it in terms that would not lend support to the interpretation that it would exclude all attorneys. It would seem there is also a problem with the timing of the ratifications that did occur, with the admission of new states keeping the number needed beyond the number ratifying.
I don't consider the missing 13th important. The problems are with the expanded interpretations of the commerce and necessary and proper clauses.
Does that mean 3/4 of the states at the time the amendment was presented for ratification, or when it is finally ratified?
Well, let's see now. 3/4 of 13 is 9.75. Therefore only ten states needed to ratify. But by then more states had entered the union.
3/4 of 21 is 16.75. So, were
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Virginia ratified Article 13 on March 10, 1819. Below are the states and the dates they entered the Union prior to March 10, 1819: Alabama entered the Union on December 14, 1819, which was after the March 10 date. |
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Below are excerpts from our Constitution concerning ratification (courtesy www.constitution.org):
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate [Possibly abrogated by Amendment XVII].
[Proposed 1917; Ratified 1919; Repealed 1933 (See Amendment XXI, Section 1)]
Section. 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Section. 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Section. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
Section. 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Click here to go back the Missing Amendment article by The Pen.
16th Amendment
[ To be entered. ]
The President and Congress said they are reducing taxes and balancing the budget. uhuh. Sez who?
Smile and Force Congress to Kick the Debt & Taxes Habit with Money System Honesty for We People. We demand the whole truth with an honest viewpoint.
Don't send money. Call Jo(e) Congress and send letters.
Web Home Page: www.uhuh.com
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