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To: mrsmith
There is no historical evidence that the Bill of Rights applied to the states. There is good historical evidence that it applied only to the federal government.

Your POV is skewed; with all due respect. Both of these statements are non-sequitur. In proper perspective the first ten Amendments of the BoR's applies to "the people." They enumerate and describe general 'inalienable' rights of individuals in particular ways. (The Tenth asserts that the enumeration is not exhaustive.) They also specify particular actions that would violate those 'inalienable' rights.

The BoR's does not grant or in any way limit the rights of 'the people.' The DoI expressly delineates the source of rights (our Creator) and their nature (inalienable).

With or without the 14th A.; what definition of the word 'inalienable' would the founders have considered infringible by the States? Do you contend that the founders intended the Constitution to be protection of 'God given' rights only from the intrusion of the federal government and that State gov.'s could ignore or dismiss them as they saw fit?

492 posted on 02/11/2004 9:51:54 AM PST by TigersEye ("Where there is life there is hope!" - Terri Schiavo)
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To: TigersEye
"Do you contend that the founders intended the Constitution to be protection of 'God given' rights only from the intrusion of the federal government"

"it is universally understood, it is a part of the history of the day, that the great revolution which established the Constitution of the United States was not effected without immense opposition. Serious fears were extensively entertained that those powers which the patriot statesmen who then watched over the interests of our country deemed essential to union, and to the attainment of those invaluable objects for which union was sought, might be exercised in a manner dangerous to liberty.
In almost every convention by which the Constitution was adopted, amendments to guard against the abuse of power were recommended.
These amendments demanded security against the apprehended encroachments of the General Government -- not against those of the local governments.
In compliance with a sentiment thus generally expressed, to quiet fears thus extensively entertained, amendments were proposed by the required majority in Congress and adopted by the States.
These amendments contain no expression indicating an intention to apply them to the State governments. This court cannot so apply them. "

Absolutely. Divided powers was a linchpin of the Constitution.

I wonder what your living Constitution that means whatever you want instead of what the Founders intended will mean tomorrow?

505 posted on 02/11/2004 10:07:49 AM PST by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice... Hillary Rodham Clinton ")
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