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If ‘Congress Shall Make No Law…’ Why Can Governors?
Townhall.com ^ | May 3, 2020 | Derek Hunter

Posted on 05/03/2020 4:23:00 AM PDT by Kaslin

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1 posted on 05/03/2020 4:23:00 AM PDT by Kaslin
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To: Kaslin

https://foxbaltimore.com/news/local/md-delegate-sues-governor-hogan-over-threats-of-arrest?fbclid=IwAR3Ta8VnE7KvlUyPjbceGOMksSqMhcUuBVz9i267QBXwEfRXi25y3NiB8Sc


2 posted on 05/03/2020 4:34:21 AM PDT by Salamander (Flying Colours....)
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To: Kaslin

Ironic, isn’t it? The ONLY freedom guaranteed under the First Amendment that is not under attack, is freedom of the press. Ironic, because it is not an individual right.

True, it SHOULD be an individual right. All of us have to right to a free press. We don’t! The press is a mouthpiece of the Democratic Party.


3 posted on 05/03/2020 4:35:47 AM PDT by NTHockey (My rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: NTHockey
Ironic, isn’t it? The ONLY freedom guaranteed under the First Amendment that is not under attack, is freedom of the press. Ironic, because it is not an individual right.

Yes it is an individual right. It is the right to communicate your opinions to a broad audience in writing.

In colonial days, anybody with a few dollars could go to a printer, have him print up a few hundred, or few thousand, copies of whatever screed he wanted, and distribute it publicly. You could write a book and self-publish it. Etc.

The First Amendment, as an individual right, is under attack by applying pressure to outlets which permit "incorrect information" to be disseminated. We must fight this.

4 posted on 05/03/2020 4:45:20 AM PDT by PapaBear3625 ("Those who can make you believe absurdities, can make you commit atrocities." -- Voltaire)
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To: Kaslin

Has anyone read their state constitution? Or the powers granted to the governors during a health crisis?

Americans are stupid.


5 posted on 05/03/2020 4:50:20 AM PDT by Vermont Lt
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To: Salamander
If ‘Congress Shall Make No Law…’ Why Can Governors?

Are we REALLY this ignorant??


https://constitutioncenter.org/interactive-constitution/amendment/amendment-x

6 posted on 05/03/2020 4:51:42 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Elsie

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


7 posted on 05/03/2020 4:53:44 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Kaslin

I think they have the power. That really isn’t the issue. The question is whether they are adequately representing the people. That will he decided in November.


8 posted on 05/03/2020 5:12:59 AM PDT by Brilliant
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To: Elsie

Constitutional Law is supreme.

The First Amendment is a power under the Constitution to check Congress.

The First Amendment pertains to Congress and by supremacy to all states.

The First Amendment is not dissected by the Tenth Amendment.


9 posted on 05/03/2020 5:25:22 AM PDT by Hostage (Article V)
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To: Kaslin
If ‘Congress Shall Make No Law…’ Why Can Governors?

Because Governors are not subservient to Congress.

10 posted on 05/03/2020 5:29:07 AM PDT by Jim Noble (There is nothing racist in stating plainly what most people already know)
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To: Kaslin

Elected officials should be schooled on the bill of rights and the constitution, apparently they know nothing about it and could care less in many instances. They spew their demands and restrictions and say it in such an authoritarian way to the public to let us know “dont question me and my authority” and the people for the most part dont know the bill of rights or the constitution either and the tin pot dictator rat governors and mayors know this know this.


11 posted on 05/03/2020 5:29:58 AM PDT by ronnie raygun
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To: Kaslin
They supposedly cannot. Wikipedia says:
Incorporation, in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post-Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other Amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to the state and local governments by incorporation through the Fourteenth Amendment in 1868 and the Fifteenth Amendment in 1870.<

Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in Barron v. Baltimore that the Bill of Rights applied only to the federal, but not any state governments. Even years after the ratification of the Fourteenth Amendment, the Supreme Court in United States v. Cruikshank (1876) still held that the First and Second Amendment did not apply to state governments. However, beginning in the 1920s, a series of United States Supreme Court decisions interpreted the Fourteenth Amendment to "incorporate" most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments.

This is a perfect example of the law as written being misinterpreted when everyone involved in drafting that law is dead. It's obvious that the First Amendment only applied to the Federal Government. E.g. States could and did have an Official Religion in 1800.

It's also obvious to me that most of the Amendments did apply to the States as they do not include the words: Congress shall make no law, but since all the guys who wrote this stuff are dead and now we have wise Latinas telling us that we native English speakers do not understand our own language.

ML/NJ

12 posted on 05/03/2020 5:30:29 AM PDT by ml/nj
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To: Kaslin

This is why the 2nd Amendment doesn’t limit a governmental body. It limits all governmental bodies.


13 posted on 05/03/2020 5:30:37 AM PDT by nagant
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To: ml/nj

Thanks for posting this. Federal, state, and local governments—but then, what about public schools? They can enforce dress codes that limit what students’ tee shirts can state.


14 posted on 05/03/2020 5:37:28 AM PDT by olivia3boys
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To: Vermont Lt
"Has anyone read their state constitution? Or the powers granted to the governors during a health crisis?"

Yes, and yes. And certainly the author of this dumbass article has NOT. Like it or not folks...your state governments DO have these powers. Want them limited?? Vote otherwise in the next and subsequent election(s).

15 posted on 05/03/2020 5:50:03 AM PDT by Wonder Warthog (The Hog of Steel and NRA Life Member)
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To: Jim Noble

I differ.


16 posted on 05/03/2020 5:59:54 AM PDT by Hugh the Scot ("We are domed!" - V V Camp Enari 67-68)
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To: Kaslin

I participated in a ReopenMaryland road rally yesterday with a few hundred other patriots.

The governor threatened any state legislators who attended with arrest. See post 2 for the legislators response.

At the final stop, the police blocked the entrance to the rally point. Rally organizers found another location and redirected many people there.

At the final rally point, a United States Congressman was scheduled to speak. In a clear and absolute violation of the First Amendment, Local and state elected employees blocked a US CONGRESSMAN from addressing his constituents. I suspect there’s another lawsuit coming for that one.

The commanded=r of the State Police was quoted saying that he may issue retroactive citations against the non-gathering “law” the governor made up on his own with no legislative input.

The congressman promised to go to court with anyone who receives a citation because they were there to meet with him to redress a grievance.

On my back window I painted “There’s no * in the Constitution”


17 posted on 05/03/2020 6:02:52 AM PDT by cyclotic (A vote for Democrats is a vote for lower traffic volumes)
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To: Salamander

Actually, governors are not part of Congress, actually.


18 posted on 05/03/2020 6:03:56 AM PDT by arthurus (,,gh,)
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To: arthurus

The news media is like Pravda attempting to control citizens.


19 posted on 05/03/2020 6:09:17 AM PDT by ActresponsiblyinVA
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To: Kaslin

They can’t. Until someone in “authority” arrests them for violating the Constitution and the Bill of Rights...they will. Tar and feathering along with running them out of town on a rail used to suffice. However, we are “civilized” now.


20 posted on 05/03/2020 6:26:28 AM PDT by hal ogen (First Amendment or Reeducation Camp???)
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