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To: secretagent
"Not a lawyer here. Just trying to understand. As I currently understand, the first amendment only refers to the federal government. It doesn't protect the civil liberties of Americans from the encroachments of individual states.

Friend,

I hope I didn't offend but it seems every time I bring these issues up I get confronted with someone that sounds like a lawyer trying to argue against what I consider common sense interpretation of our rights. Unfortunately it seems we almost have to have a lawyer just to conduct our everyday affairs...like going to the doctor.

Anyway, I'm afraid you have it backwards. The constitution explicitly establishes that which cannot be breached by any government entity. Anything that is not explicitly protected by the constitution is at the discretion of the States...or so it was until about 100 years ago. The constitution gives us the right of assembly. No inferior government entity can deny that. Many of our laws today are unconstitutional. Its just that no one cares to challenge them.

61 posted on 01/25/2005 7:04:07 PM PST by Cornpone (Aging Warrior -- Aim High -- Hit'em in the Head)
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To: Cornpone
Anyway, I'm afraid you have it backwards. The constitution explicitly establishes that which cannot be breached by any government entity.

In some cases, as in the second Amendment.

Anything that is not explicitly protected by the constitution is at the discretion of the States...or so it was until about 100 years ago.

I'd phrase it differently. The constitution constrains the federal government to specific enumerated powers. Anything else it leaves to the states and the people.

One of the things left to the states: the power to establish state sponsored religions.

68 posted on 01/25/2005 7:28:13 PM PST by secretagent
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To: Cornpone
Anything that is not explicitly protected by the constitution is at the discretion of the States...or so it was until about 100 years ago. The constitution gives us the right of assembly

Many states have written into their constitutions, a bill of rights that were very similar to the US constitution. This is not redundancy. Originally, most of the items in the US bill of rights only restricted the US Congress. If you read it carefully, you will see that the 2nd amendment gives all of us the right to bear arms. But the first amendment prohibits only Congress, not the states, from abridging religion and free speech.

Supposedly that all changed after the 14th amendment.

95 posted on 01/25/2005 9:43:20 PM PST by Dan Evans
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To: Cornpone; secretagent; Dan Evans
The constitution explicitly establishes that which cannot be breached by any government entity.

Many of our laws today are unconstitutional. Its just that no one cares to challenge them.
61 Cornpone







The constitution constrains the federal government to specific enumerated powers. Anything else it leaves to the states and the people.

One of the things left to the states: the power to establish state sponsored religions.
68 secretagent






Many states have written into their constitutions, a bill of rights that were very similar to the US constitution. This is not redundancy.

Originally, most of the items in the US bill of rights only restricted the US Congress. If you read it carefully, you will see that the 2nd amendment gives all of us the right to bear arms.
But the first amendment prohibits only Congress, not the states, from abridging religion and free speech.
Supposedly that all changed after the 14th amendment.
95 Dan Evans






True, our Constitution, in Art VI, explicitly establishes that it cannot be breached by any government entity. -- Fed/State or local, ALL officials are pledged to support the US Constitution and its Amendments as the supreme Law of the Land.

"Congress shall make no law" meant what it said, but did not mean that only Congress was so restricted. The 10th made clear that States were also prohibited powers, among them the power to infringe on peoples RKBA's.

After the civil war, southern States were denying freed slaves the RKBA's, under the pretense that the BOR's did not apply. The 14th was ratified to end that controversy.
148 posted on 01/26/2005 9:30:12 AM PST by jonestown ( A fanatic is a person who can't change his mind and won't change the subject." ~ Winston Churchill)
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