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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: Hostage

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

No. You’re confusing two very different ideas.

The Bill of Rights when first enacted ONLY applied to the federal government. It was not meant to apply to the States, and did not.

The Supremacy Clause does nothing to make any State subject to any part of the Bill of Rights.

What has made the States subject to SOME parts of the Bill of Rights have been Supreme Court decisions which have ruled that the Due Process clause of the Fourteenth Amendment makes the States subject to these amendments. One that comes to mind is Weeks v. Colorado.

The Fourteenth Amendment didn’t even exist until 1866.


21 posted on 05/03/2020 7:17:18 AM PDT by Flash Bazbeaux
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