The 14th Amendment – first part of section 4 states; “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.” The 39th Congress passed this law giving themselves unquestionable authority, which was then, as it is now unconstitutional. The validity of this action is fiercely debated. It takes 2/3 vote of both House and Senate and ratification of 3/4 of States to make an Amendment. After the Civil War the Southern States were fully recognised by the Federal Government as functioning members of the Union and were participants when the 13th Amendment was ratified. However, the 39th Congress, by majority vote excluded Member Seats of Congress to be seated for the 14th Amendment process. Only 50 Senators, and 182 Congressmen from the North were seated. Thus excluding 22 Senators and 58 Representatives from Southern States . The 39th Congress also saw fit to remove New Jersey Senator John P. Stockton from being Seated after he was already Seated. Congress has no authority to remove an already Seated Senator. 17 (out of 37) States rejected the 14th Amendment. (4 were questionable, two had first voted to ratify and then rescinded their vote). Southern States were put under military occupation and had their Seats removed until they were willing to Ratify the 14th Amendment (this some eventually did under duress). New Jersey and Ohio both rescinded their Ratification Vote. William H. Seward, then Secretary of the U.S., upon his sole discretion decided to Ratify the Amendment despite the circumstances and in so doing disregarded States votes. Oregon proclaimed “the Legislature that Ratified the Amendment to have been a “defacto” Legislature.” (Texas, Florida, Georgia, Alabama, Arkansas, N. Carolina, Kentucky, Virginia, Louisiana, S. Carolina, Delaware, Maryland, California, Mississippi, Ohio, and New Jersey, and Oregon had all opposed the Ratification of the 14th Amendment). Brought later, to the Supreme Court of Utah, Justice A.H. Ellett Ruled a Non Ratification, 2 other Justices agreed with him. However, this was not enough to make a difference. The overwhelming Judicial response was that it was not for the Courts to decide.
From the Ruling of Justice A.H. Ellett: “How can it be conceived in the minds of anyone that a combination of powerful States can by force of arms deny another State a right to have representation in Congress until it has Ratified an Amendment which its people oppose? [And by what authority does any State (or combination thereof) claim to declare a sister State to have an invalid government?] The fourteenth Amendment was adopted by means almost as bad as that suggested above.” http://www.constitution.org/14ll/14th_amendment_dyett.htm
This 111th Congress is being called upon to be accountable to its constituents. Thus far, they have breached the realm of good governance and are dancing on the graves of principle. Should they continue in the direction of wielding unquestionable and unconstitutional debt, they will be guilty of advancing a 141 year old Score that begs to be settled.