Thursday, December 25, 2008

Lawyers not allowed to hold office - The Commentary - The Missing 13th Ammendment

For years I have been saying that a member of the bar or any person who is a graduate of a law school should not be allowed to hold public office.

The Commentary - The Missing 13th Amendment

TITLES OF NOBILITY” AND “HONOR”
In the winter of 1983, archival research expert David Dodge, and former Baltimore police investigator Tom Dunn, were searching for evidence of government corruption in public records stored in the Belfast Library on the coast of Maine. By chance, they discovered the library’s oldest authentic copy of the Constitution of the United States (printed in 1825). Both men were stunned to see this document included a 13th Amendment that no longer appears on current copies of the Constitution. Moreover, after studying the Amendment’s language and historical context, they realized the principle intent of this “missing” 13th Amendment was to prohibit lawyers from serving in government.
So began a seven year, nationwide search for the truth surrounding the most bizarre Constitutional puzzle in American history — the unlawful removal of a ratified Amendment from the Constitution of the United States. Since 1983, Dodge and Dunn have uncovered additional copies of the Constitution with the “missing” 13th Amendment printed in at least eighteen separate publications by ten different states and territories over four decades from 1822 to 1860.
In June of this year, Dodge uncovered the evidence that this missing 13th Amendment had indeed been lawfully ratified by the state of Virginia and was therefore an authentic Amendment to the American Constitution. If the evidence is correct and no logical errors have been made, a 13th Amendment restricting lawyers from serving in government was ratified in 1819 and removed from our Constitution during the tumult of the Civil War.
Since the Amendment was never lawfully repealed, it is still the Law today. The implications are enormous.
The story of this “missing” Amendment is complex and at times confusing because the political issues and vocabulary of the American Revolution were different from our own. However, there are essentially two issues: What does the Amendment mean? and, Was the Amendment ratified? Before we consider the issue of ratification, we should first understand the Amendment’s meaning and consequent current relevance.
MEANING of the 13th Amendment
The “missing” 13th Amendment to the Constitution of the United States reads as follows:
“If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.” [Emphasis added.}
At the first reading, the meaning of this 13th Amendment (also called the “title of nobility” Amendment) seems obscure, unimportant. The references to “nobility”, “honour”, “emperor”, “king”, and “prince” lead us to dismiss this amendment as a petty post-revolution act of spite directed against the British monarchy. But in our modern world of Lady Di and Prince Charles, anti-royalist sentiments seem so archaic and quaint, that the Amendment can be ignored.
Not so.
Consider some evidence of its historical significance: First, “titles of nobility” were prohibited in both Article VI of the Articles of Confederation (1777) and in Article I, Sect. 9 of the Constitution of the United States (1778); Second, although already prohibited by the Constitution, an additional “title of nobility” amendment was proposed in 1789, again in 1810, and according to Dodge, finally ratified in 1819. Clearly, the founding fathers saw such a serious threat in “titles of nobility” and “honors” that anyone receiving them would forfeit their citizenship. Since the government prohibited “titles of nobility” several times over four decades, and went through the amending process (even though “titles of nobility” were already prohibited by the Constitution), it’s obvious that the Amendment carried much more significance for our founding fathers than is readily apparent today.
SIGNIFICANCE OF REMOVAL
To create the present oligarchy (rule by lawyers) which we now endure, the lawyers first had to remove the 13th “titles of nobility” Amendment that might otherwise have kept them in check. In fact, it was not until after the Civil War and after the disappearance of this 13th Amendment, that American bar associations began to appear and exercise political power.
Since the unlawful deletion of the 13th Amendment, the newly developing bar associations began working diligently to create a system wherein lawyers took on a title of privilege and nobility as “Esquires” and received the “honor” of offices and positions (like district attorney or judge) that only lawyers may now hold. By virtue of these titles, honors, and special privileges, lawyers have assumed political and economic advantages over the majority of U.S. citizens. Through these privileges, they have nearly established a two-tiered citizenship in this nation where a majority may vote, but only a minority (lawyers) may run for political office. This twotiered citizenship is clearly contrary to Americans’ political interests, the nation’s economic welfare, and the Constitution’s egalitarian spirit.
The significance of this missing 13th Amendment and its deletion from the Constitution is this: Since the amendment was never lawfully nullified, it is still in full force and effect and is the Law of the land. If public support could be awakened, this missing Amendment might provide a legal basis to challenge many existing laws and court decisions previously made by lawyers who were unconstitutionally elected or appointed to their positions of power; it might even mean the removal of lawyers from our current government system.

4 comments:

Anonymous said...

This is wonderful information as attorneys are known for graft. More and more they take more money from lawsuits than ever before. I belive we should publish this article 13 as most of of questioned this in high school and was never explainded to us. Now we have the answer. I am all for putting in the paper and also with some of the attorneys sueing BO as he is an attorney

Anonymous said...
This comment has been removed by a blog administrator.
Sam and Bunny Sewell said...

The above comment was removed because of "name calling" and inaccuracy. I will research the lucid part of the comment and post my results later.

Sam and Bunny Sewell said...

The "name caller" who had his comment removed had not done his homework. Essentially he made the claim that the 13th amendment had not been ratified and that it had nothing to do with lawyers. He cited wikipedia* and others to make his claim.

The Missing 13th Amendment to
the Constitution
for the united States of America

Amendment XIII
Passed by Congress May 1, 1810 - Ratified December 9, 1812.

"If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the united States, and shall be incapable of holding any office of trust or profit under them, or either of them."

(Considerable controversy surrounds this Amendment - The official position of the Federal Government is that it was never ratified - but - in the past few months there is more than ample evidence that shows the Amendment was properly ratified on December 9, 1812, and if not then, certainly no later than March 10, 1819.

SPECIAL NOTE

There has been a lot of discussion over the years about the fact that this Amendment was established to prohibit members of the BAR Association from participating in government offices.

If that were the sole purpose for this Amendment it is wasted energy. Our Founding Fathers were much more straight forward than that.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time: and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. - Article I, Section 6, Paragraph 2 - Constitution for the United States of America

This provision was established to maintain the clear dividing line that had been drawn between the three branches of the government. Violation of this provision create a direct conflict of interest because members of the BAR would be officers of the court in the Judiciary branch and members of the legislature in the Legislative branch.

* I am amazed that some people still use wikipedia as a credible source?