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The Confederate Lawyer
August 18, 2010

The Fourteenth Amendment and The Flag
by Charles G. Mills
fitzgerald griffin foundation

GLEN COVE, NY — Many law school professors, political scientists, constitutional lawyers, and liberal journalists hold the Fourteenth Amendment to the Constitution in such awe and reverence that they must think it was handed down on Mount Sinai. The truth is that its adoption was tainted because it was accomplished by military force and three-quarters of the states did not provide simultaneous consent. Indeed, an excellent argument was made when it was certified that it had not been legally adopted.

The Fourteenth Amendment was intended to ensure that the North could treat the South as a conquered country, that the South could not re-fight the war in the courts, and that former slaves and their descendents would have the same legal rights as other citizens. Instead, it has given us a national abortion epidemic; legalized pornography, sacrilege, and blasphemy; banned prayer and the Bible from public schools and the Ten Commandments from the courts; abolished true bicameralism in our state legislatures; kept reliable evidence out of criminal trials; and impeded good police work. It has also been used to legalize the desecration of the American flag. “Wherefore by their fruits you shall know them” (Matthew 8:20).

Flags are often described as “holy.” Alessandro Manzoni called the Italian flag “holy” in his poem “Marzo 1821,” and Father Abram Ryan called the Confederate Battle Flag “holy” in his poem, “The Conquered Banner.” Although new flags are sometimes blessed, this is not the reason they are holy. Flags were invented to be carried in battle. As Father Ryan writes, the Battle Flag is holy “for it droops above the dead.” Our Lord says, “Greater love than this no man hath, that a man lay down his life for his friends” (John 15:13). Flags are a physical reminder of Our Lord’s words.

American lives have been lost for the freedom of more people than those of any other country. Americans are not alone in owing their liberty to those who died under the American flag. Americans who desecrate their flag act in a truly despicable manner. War veterans have taken the lead in trying to stop this action.

Despite several attempts, there has never been a constitutional amendment to correct the abuses of the Fourteenth Amendment. The Republican Party has supported a “Human Life Amendment” for years. There were serious attempts to amend the Constitution to restore prayer to the schools. Most recent are efforts to change the Fourteenth Amendment’s definition of citizenship.

Whenever a proposal to change the Fourteenth Amendment is made, liberals devote their energies to defeating it. Nevertheless, the campaign to amend the Constitution to protect the American flag has come close to success. Such an amendment has the support of all 50 state legislatures and has been passed overwhelmingly several times by the House of Representatives. In the Senate, it received more than 60 votes but never the 67 needed. The measure came within two votes on one occasion when liberals changed one vote at the last minute and another senator said he would not be the deciding vote to defeat it.

Liberals are determined to defeat the Flag Protection Amendment because they know that its adoption it will revitalize the morale of the supporters of other amendments to curb the abuse of the Fourteenth Amendment. For that same reason, everyone who thinks the Fourteenth Amendment is being abused should support the amendment most likely to pass. Once the Supreme Court is rebuked on its Fourteenth Amendment jurisprudence, it may well choose to become more prudent.

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The Confederate Lawyer column is copyright © 2010 by Charles G. Mills and the Fitzgerald Griffin Foundation, www.fgfBooks.com. All rights reserved.

Charles G. Mills is the Judge Advocate or general counsel for the New York State American Legion. He has forty years of experience in many trial and appellate courts and has published several articles about the law.

See his biographical sketch and additional columns here.

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