Why are there two thirteenth amendments to the constitution?
Posted by Rocky012 8 years, 3 months ago to Government
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The Second would have been the one proposed and signed by President Buchanan, but which it does not appear was ever ratified by the States (due to the interference of the Civil War). Because it was never officially ratified, it can not carry the force of law, but I think one could petition the Supreme Court on whether or not it should have been submitted to the States for ratification.
The Third one (the one everyone currently sees) is the one which officially outlaws slavery (and indentured servitude) in the United States. It should be noted that the ratification of this Amendment is of dubious legal veracity because of the State of the Union at that point. If the Southern States truly did secede (Lincoln argued that that was not within their power to do unilaterally) then their status would not have mattered and the remaining States (primarily the anti-slavery North) would have been the only ones affected. The problem is that when the Southern States were petitioning for representation in the House and Senate again, they were forced to ratify the 13th (and 14th) Amendment. That would have been appropriate if they had actually seceded, but the question still remains if that secession was ever legal... It's quite a mess really.
https://constitutioncenter.org/blog/a...
In response to the alternatives, Lincoln and the Republicans threw their support for a 13th Amendment, which would constitutionally enshrine slavery in states allowing that servitude. On March 2, the proposed 13th Amendment was passed as a joint resolution. Each chamber provided the required two-thirds majority with the Senate under the leadership of Republican New York Senator and Lincoln adviser William Seward passing the amendment by 24 to 12, and the House by 133 to 65.
Ohio and Maryland’s legislatures ratified the amendment and Illinois’ state constitutional convention did the same. Had the Civil War not intervened, the proposed 13th Amendment would likely have been ratified by the required three-quarters of the states."
Lincoln erased the original with the second 'un we have now.
The original, which was never legally repealed, states that lawyers, as well as aristocrats, can't hold high offices.
Yay! That should effectively drain the swamp. Maybe that would eject the more than equal elite betters in high office who are not lawyers but act like aristocrats.
The original also says it's okay to have slaves.
Well, of course it is. Just ask the IRS.
Yay!
http://www.usavsus.info/usA--Original...
It would take appeals court rulings, probably a Supreme Court ruling, to sort it all out...
(The second of the two two was to allow slavery and prevent the federal government from overpowering state laws, though allowing the federal government to rule federal territories.)