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14th Amendment On Insurrection In Maryland
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US-000280
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However, presidential invocation of the act might not be necessary. Two constitutional powers also arguably authorize Congress to determine the occurrence of an insurrection by legislation: the Militia Clause and Section 5 of the Fourteenth Amendment.
In the interim, two other states, Alabama on July 13 and Georgia on July 21, 1868, had added their ratifications. The Amendment was rejected (and not subsequently ratified) by Kentucky on January 8, 1867. Maryland and California ratified this Amendment in 1959.
The bill or bills proposing amendment or amendments shall be publicized, either by publishing, by order of the Governor, in at least two newspapers, in each County, where so many may be published, and where not more than one may be published, then in that newspaper, and in three newspapers published in the City of ...
Section 5 grants Congress the power to enforce the Amendment by "appropriate legislation." After adopting the Fourteenth Amendment, Congress passed legislation that criminalized insurrection. Today, this law is codified in 18 U.S. Code § 2383.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
In enforcing by appropriate legislation the Fourteenth Amendment guarantees against state denials, Congress has the discretion to adopt remedial measures, such as authorizing persons being denied their civil rights in state courts to remove their cases to federal courts, 2200 and to provide criminal 2201 and civil 2202 ...