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Old 09-17-2006, 07:33 AM
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palani palani is offline
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Reflections on the 14th Amendment Sec IV

Quote:
Section. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Most everyone presumes that the insurrection talked about above was the Civil War. Why?

When a person desires to separate their affairs from their spouse they file a similar financial notice in a public newspaper. This has the effect of permitting each to go their separate ways

This amendment was presumed passed in 1868. The Civil War ended three years previously. What is the effect in Law of publishing a legal notice after the fact of expenses incurred? It would be my guess that the expenses incurred are still owed. All expenses after the date of the public notice become subject to the conditions stated in the notice. So I would guess Section IV does not apply to the Civil War period but to future expenses.

Is it reasonable to assume that the de jure United States was separating its' financial condition from the de facto system being set up post Civil War? In other words, the hugh national debt being compiled these days is on the back of the current government (federal and state) and not on the Constitutional government as the current system is in insurrection with the old?

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