Re: The Economy Of Plenty

Lee Daniel Crocker (
Mon, 22 Sep 1997 17:29:14 -0700 (PDT)

> Darrell Parfitt writes:
> (in reference to someone's use of "so-called 14th Amendment")
> > I have a semantics problem with this paragraph. I understand
> > referring to the Constitution of the United States as the so-called
> > Constitution, as a constitution is a document that governs the
> > legal workings of an organization, and many people think that the
> > legal system often subverts and ignores the provisions of the
> > constitution in pursuit of their political projects.
> > However, an amendment is simply something in a document that was
> > put in later through a process described in the original document.
> This is precisely the point at issue among those who dispute
> the legality of the 14th amendment and the other Reconstruction
> Amendments. The process by which they were added to the
> Constitution is not the process described in the original
> document, because the legal situation at the time (one half the
> country having been conquered by the other half) was never
> foreseen by the Constitution.

The language could still be clearer. I'd call it the "putative
14th amendment" rather than the "so-called 14th amendment", because
we don't question its inherent amendment-ness, only its legality.