... the US Supreme Court never sanctioned the compelling of a State by...Congress to ratify the 14th Amend...?

Does it matter if the US Supreme Court never sanctioned the compelling of a State by an act of Congress to ratify the 14th amendment?

Update:

"unclear"? EVERY state has the right to secede.

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  • 1 decade ago
    Favorite Answer

    No. The Supreme Court Can only act if a case is brought before it, and if no case is brought in any court, it is presumed to be legal by all parties.

    Also, the Constitutional status of the confederacy was unclear.

    Edit: Accually, States are not given the right to secede. There is no provision for that in the constitution, the only thing even close is a ban on confederacies among the states. If you read the constitution you would know that that's an old piece of propaganda, not constitutional law. The constitution does not mention it at all, hence unclear.

  • Anonymous
    1 decade ago

    Not exactly an answer to your question, but I think that the 14th Amendment needs to be repealed and replaced. That the amendment had been ratified by dubious means is just one good reason to do so.

  • Anonymous
    1 decade ago

    wow, college level, wish I would have studied, extraordinary circumstances would justify coercion of the confederate states to sign I think, There was a need to redefine citizenship, and to keep former rebel leaders from office, we should change it to read born in the US with at least one parent who is a US citizen, but I don't think I would trust this administration to meddle with due process and the rest

    Source(s): wikipedia, not public school, that's for sure, that's where I learned to smoke
  • 1 decade ago

    just what is your problem with the 14th amendment??

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