Posted on 05/10/2014 11:00:08 AM PDT by Jim Robinson
SCOTUS invents things that don't exist all the time in order to give the federal government more and more unconstitutional power. The "incorporation clause" and the Roe v. Wade opinion are good examples.
So you’re saying that the states can trample on the Bill of Rights regardless?
Because otherwise that is the case.
And incorporation doesn’t give FedGov more power, it says ‘Neither you nor the states can restrict this’.
Not that FedGov or the states LISTEN at all.
Look at NY, CA, and CT for examples of states ignoring that fact.
These are simply extensions of earlier flawed decisions that unjustifiably overturned precedent in the Slaughterhouse cases.
“Just because SCOTUS decides it doesn’t make it it constitutional.”
That is the entire purpose of SCOTUS, to debate and decide constitutionality of law.
It is when they create law, as in Roe vs Wade, that they abandon their stated purpose.
Nothing anywhere says that we have to accept SCOTUS decision without question. It is up to the other two branches of government and the American People to hold their feet to the fire to make decisions based on sound, Constitution-based reasoning in the majority opinion. Many of their majority opinions hardly discuss the Constitution at all and when they do, many times only in passing.
Opinions and decisions that clearly ignore or change the original text and intent of the Constitution should not be acceptable to the American People. We are not under an oligarchy. We are under a Constitution Republic and NO branch has permission to change the Constitution outside of Article V.
The states cannot trample on the bill of rights.
They do not have that power or authority.
Incorporating the bill of rights against the states means they have to abide by it too.
The FedGov must abide by it.
That they currently do not is because the people are too busy playing at being citizens rather than being citizens.
The supreme court exists to debate law and act as a check on presidential power.
Wily decision: the court ruled that the states couldn't restrict free speech because that First Amendment right was "incorporated" at the state level by the Fourteenth Amendment, but Gitlow still lost his appeal because he advocated violent overthrow of the government.
Nothing in the Constitution gives the feds the power to enforce the first ten amendments. The states are limited only by those limitations expressly enumerated in the Constitution proper and the 14th Amendment forbidding state segregation laws against blacks. So you are inventing federal powers not in the Constitution if you say that the feds may enforce it upon the states other than those exceptions.
SCOTUS held in the Slaughterhouse cases that 14A protects the privileges and immunities of citizens of the United States but does not protect the same for citizens of a State.
That means that where there is a privilege or immunity guaranteed by the Constitution, the States cannot violate that privilege or immunity. (States can guarantee greater privileges and immunities but not lesser.) That is, in and of itself, incorporation against the states.
There was no constitutional right violated in the Slaughterhouse cases. So 14A was not violated.
Doesn’t require fed power.
By consent of the governed applies downhill as well.
And are you really seriously stating that the bill of rights doesn’t apply to the states as well?
Are you seriously stating that the states can trample on the bill of rights?
Because that is what you are saying.
That's incorrect, friend. The Constitution declares itself the Supreme Law of the Land. It vests execution of the law in the Executive and grants the Judiciary power to decide all cases in law and equity that arise under the Constitution.
I qualified my statement with the exceptions in the Constitution limiting the states and individual cases related to the Constitution that may be brought on a case-by-case basis to a federal court. Those are the only exceptions.
Confirmed by Slaughterhouse, the original intent of the post-civil-war reconstruction-period 14th Amendment ONLY limits state segregation laws against blacks, former slaves. That's it.
Me too
There are PLENTY OF STATES which will welcome atheists...there is no need to shove them down the throats of those states that don’t want that crap.
Really? Honest?
U.S. Constitution - Amendment 14
Amendment 14 - Citizenship Rights
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.
2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
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.
5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Notes for this amendment: Proposed 6/13/1866 Ratified 7/9/1868
And golly, does that say the Congress can ENFORCE the Constitutional Amendment? That must mean that they can enforce the Constitution.
The consent of the governed is also moderated by the Constitution. We live in a Constitutional republic, not perfect by any means but the best form of government known to man. It is a form of government that is dependent on the people of the states and localities as well as individuals to govern themselves. Self governance is the cornerstone of freedom and our Constitutional Republic.
If your state goes in a direction you're unhappy with, you can move to one that's more to your liking. Again, it's not perfect, but it's ever so much better than what we have now - a $4 trillion government beast that is in the very process of overthrowing our free Constitutional republic and turning it into a Collectivist state. The federal government is not your friend.
And when in the course of human events the government no longer represents the people, the people have the right to abolish it and start anew.
That is enshrined in there too.
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