A legal question originating in the Reconstruction period of the Civil War aftermath. Were the 13th, 14th and 15th amendments legally passed?

Posted by mminnick 7 years, 5 months ago to History
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After the end of the Civil war the 13th, 14th and 15th amendments were passed by Congress and sent to the states to ratify. The then existing states did not include the southern states at has left the union. They could not vote , were not represented in Congress . They had no political rights until accepted back into the union.
When the then legal states voted, the requisite majority was not obtained to ratify the amendments. See this, the congress made it a requirement for re-admission that the former Confederate States accept and ratify the proposed amendments before being re-admitted.
Now here is the question. If the states could not vote and were not represented in the Congress, how could they vote on the proposed amendments and if they did, how could the votes be accepted as legal, they were not part of the USA at the time of voting.
Note: I am not, repeat NOT questioning the validity of the amendments, I just asking if anyone knows the legal argument presented at the time. I have been unable to find a coherent answer to the question.


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  • Posted by $ WilliamShipley 7 years, 5 months ago
    I'm curious as to how the southern states could be considered as not in the union -- at least from the Union's perspective. I thought the whole point is that they weren't allowed to secede. If they could leave the Union, then what was all the killing for?
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    • Posted by 7 years, 5 months ago
      After the war was over the Conmgress et al applied restrictions on the Confederate States that they had to meet prior to full re-admission to the Union with full rights and privileges.
      Even at the time it was discussed as to how they were not given full admission. Questions were raised about the term re-admission. This implied they had left the Union and were now being brought back into it. many people did not like this idea primarily because it did acknowledge they had been separate from the Union. It played into the hands of the south when they claimed they were an independent nation and were forced via force of arms to join another country. It was a ver turbulent time on both sides and the assignation of Lincoln and impeachment of Johnson didn't help at all. (Both were for much easier terms of reunification.)
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    • Posted by Riftsrunner 7 years, 5 months ago
      The reason for the fighting is that they left the Union. Why would the Union need to exert any force if they believed the southern states were still part of the US? From the perspective of war, the victor dictates the terms of surrender. If the southern states wanted back into the Union they needed to agree to these terms. They weren't required to rejoin, but they would have been consider protectorate territories similar to Puerto Rico. That is, they would have been in essence second class citizens, with all the rights of the US citizens, without the voting rights in Congress and for President.
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  • Posted by $ MikeMarotta 7 years, 5 months ago
    The silver lining is the fact that the southern states insisted on posse comitatus before they would agree to be re-admitted. As a result, (with some exceptions) in the USA we do not use the army for law enforcement.
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  • Posted by $ MikeMarotta 7 years, 5 months ago
    As with "West Virginia" becoming a "state" in a manner different from that required by the Constitution.

    I agree with William Shipley: you cannot have it both ways; either they left, or they did not. I would say that they did not. No state actually held a plebiscite. Instead, gangs of the moment in control of the state governments claimed to represent "everyone." Here in Texas, they actually had to arrest Sam Houston, who was opposed to secession. Just sayin'... if secession was not lawful, then Reconstruction was not, either.

    That said, perhaps, it might help to look at deeper principles to explain the need for exigent solutions to special problems.
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    • Posted by $ CBJ 7 years, 5 months ago
      Consistency and legal precedent tend to go out the window when situations arise that were not anticipated when the rules were made. A more recent example is the government's behavior during the 2008 financial meltdown.
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  • Posted by $ jdg 7 years, 5 months ago
    The answer is the same as the answer to another question brought up below (how could West Virginia have become a state).

    The answer is -- the then-existing state governments were in rebellion, and their members had not sworn oaths to preserve the US constitution. Thus whether you recognized the Confederacy or not, the existing state government of Virginia in 1863 (for example) was certainly not the government of a US state -- and therefore, Congress had the power under Article IV to "ensure a republican form of government" for Virginia by choosing a new one, with the help of the pro-Union citizens who had petitioned Congress to do exactly that.

    The same held true after the war in each rebel state, until that state had new officials sworn to uphold the federal constitution. And in the interim, the occupying troops could pretty much do what they wanted.
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  • Posted by LibertyBelle 7 years, 5 months ago
    And would any State dare vote against #13, #14,
    or #15 now?
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    • Posted by minesayn 7 years, 5 months ago
      I wouldn't think so, but I suspect there are some people or states who would like to repeal them. It is still States Rights that is being argued here, basically, and isn't that some of the reason for the war in the first place? The right of the state to determine for itself whether slavery continued, etc?
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      • Posted by LibertyBelle 7 years, 5 months ago
        Oh, yes, but people don't think just the same way
        about it now as they did then. And, besides, there
        are plenty of black voters now who would certainly
        not go for repeal.
        (Of course, New Jersey took away woman
        suffrage in 1807, but maybe a lot of women
        were not paying attention and sat on their butts.
        Or maybe they did not meet the property qualif-
        cations in effect at that time).
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        • Posted by minesayn 7 years, 5 months ago
          I suspect there are some people who still feel this way about some of these issues even today. Why do you think there is such an issue in some of the states about picture IDs even now or poll taxes in the not-so-distant past? These are possible ways that individual states try to limit who can vote.
          As for Women's suffrage, it didn't really end until the 19th amendment was passed in 1920. In fact, I have a photo of my maternal grandmother waving an American flag on the same day she first was allowed to vote (in 1920). While Victoria Woodhull of Ohio ran for President prior to this (1872 election), she couldn't even vote for herself. How ironic is that!
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  • Posted by Herb7734 7 years, 5 months ago
    The Civil War, more than any other was a horror show. Americans seemingly gone insane, killing one another in great numbers with the new modern weapons of mass destruction for the most ephemeral of reasons.
    I have tried to imagine what it would have been like to be a legislator after the Revolution, or after the Civil War. The Civil War in particular. What emotions, what triumph, what sorrow. To say it was a turbulent time would be a great understatement. Those amendments were needed by the people who won in order to rub the Confederate's noses in it. As if to say," Most humans know this to be factual and true, but for you dummies, we're putting it in writing so you'll never question it again." It is the feeling of euphoria that a person gets after a good cry.
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  • Posted by techlord3 7 years, 5 months ago
    I am not an expert or anything, but if you consider that the South did try to secede from the Union. In doing this they declared whether formally or not, that they were in opposition to the North. In that time in the world's history, if you are fighting a war and you win, you get to claim the land that was fought over. Now, I am not saying that this is what happened, because we have the history books that we can look at (REMEMBER THAT HISTORY IS WRIITEN BY THE VICTORS). I am trying to give one point of view. I enjoyed the post that inspired this thread. It is an interesting concept, I wish that would have been brought up in high school when I was going to school. I might have been a better student.
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  • Posted by $ blarman 7 years, 5 months ago
    Great question!

    Not sure how much of this is strictly accurate, but Wikipedia at least seems to point to the Thirteenth as having passed (https://en.wikipedia.org/wiki/Thirtee...) correctly.

    The Fourteenth appears quite a bit more suspect, however, as Congress effectively imposed martial law and overrode the elected representatives of Southern States via the Reconstruction Acts then made Congressional representation contingent on ratification. I agree that this prima facie could be termed a problem, except that only a few years later each did in fact ratify the Amendment.

    The Fifteenth amendment suffers from the same problems as the conditions of the 14th, with several Southern States effectively being deprived of their representatives - rebels or not - through military occupation.
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  • Posted by minesayn 7 years, 5 months ago
    Just curiosity: is this subject designed to re-open the Civil War/the War Between the States? Or just give justification to overthrow these amendments?
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    • Posted by 7 years, 5 months ago
      It is a question I've had since I first learned of the situation. As I said, I'm trying to determine what if any legal justification/argument.
      I'm not looking for a nullification of the amendments or a restarting the war. Just curious. The reconstruction period was one that had many oddities and strange events occurring and this is just one of them.
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  • Posted by khalling 7 years, 5 months ago
    this would take a considerable amount of research. I can ask DB to look into into it,he is already spending significant time elsewhere. I apologize
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