Amendment Quotes
Opponents of the strict separation of church and state use this quotation to support their view. However, Story herein describes public sentiment, not what was passed and ratified in the Constitution and Bill of Rights. See {614309} and {614310} for his statements from the same work that show that there was no question in his mind but that church and state are separated by the Constitution and the First Amendment.
In 1953 the Senator had proposed a Constitutional amendment that would severely curtail the treaty making powers of the President. President Eisenhower actively opposed Bricker and the right wing of his own party. The Senator was outraged. Despite Bricker’s complaining, the public and the Congress sided with the President.
This proposed Constitutional Amendment was debated just before Abraham Lincoln would take office. The South wanted to tie his hands on the Slavery issue, and wanted to end what had become a constant polarized Congressional debate over slavery. Of course, their idea of ending the debate was to Constitutionally prohibit further attempts to outlaw or otherwise interfere with slavery in the Southern states. A number of Northern members of Congress voted for it realizing that there was little or no chance of obtaining the ratifications of ¾ of the states and they wanted to buy some time for the Southerners to calm down over their fear of Lincoln and his upstart Republican party. The Amendment never obtained the needed votes though a few states did ratify it. Secession and the Civil War mad the amendment moot. The Southern position was so rigid, that they would compromise in no way on the slavery issue, and ended up of course losing more than they ever thought was possible by succeeding. Another reason this proposed amendment is historically important, is that it is yet another strong piece of evidence that the issue of the Civil War was slavery and not differences in political and economic philosophies as many Southerners have claimed since then. If States Rights in general were the great concern, would have been no reason to single out slavery if it were not the major issue. Yet the last phrase, “including that of persons held to labor or service by the laws of said State” does just. Similar evidence is given by the Secession Resolutions of the Southern States and the debates around them. It is clear that slavery was the issue that the South fought over.
The 10th Amendment was created to take care of this objection which Jefferson and many others had.
In February of 1861, in a last ditch effort to hold the Union together the Senator offered this proposed Constitutional amendment which would not only guarantee the existence of slavery in the South, but would assure that there could be no later Constitutional amendment to do so—the so-called "unamendable amendment." Surprising to us today is the fact that this amendment was not only supported by incoming President Abraham Lincoln, but was passed by the required two-thirds of both houses of Congress. However, before it could be ratified by the States, events overtook the amendment, the South seceded, and the Civil War began.
of the Railroad Retirement Act. to expand the Supreme Court to fifteen justices
