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Hollingsworth v. Virginia

 

 

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Hollingsworth v. Virginia

 

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U.S. Constitution
14th Amendment

 

The Amendment
That Never Existed

 

Hollingsworth v. Virginia

3 Dallus 378 

 

 

 

The President of the United States does not have to approve any Congressional Resolution to amend the Constitution for the United States of America.

 

 

Comment

The founding fathers made it clear that:

 "'Every' resolution to which concurrence of the Senate and House of Representatives may be necessary shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill."  

This is not a matter of inconvenience to the passage of Joint  Resolutions proposing Amendments to the U.S. Constitution.  Nowhere can it be found in the record of the Constitutional Convention that Joint Resolutions proposing Amendments to the U.S. Constitution were to be excluded from this requirement.

There is always the possibility that the position of the President of the United States may have an influence upon the Members of Congress to which some of the Members may reconsider their vote.  The votes cast to overturn a Veto of the President may be less than the original two-thirds votes that were cast on the proposed Amendment.  Again we see the Justices of the U.S. Supreme Court interfering with the other two branches of government for the purpose of obtaining a political objective to their liking.

With recent rulings of the U.S. Supreme Court that the question of ratification of Constitutional Amendments are Political Questions to the Federal Courts, this case must be regarded as "dictum" which has no force of law.

The Joint Resolution proposing the U.S. Constitution, 14th Amendment was not submitted to the President of the United States for his approbation.

Gordon Epperly

 

 

 
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