I would add the 14th amendment, Sec 1, to the first ten amendments as "the highest law of the land, superseding every other regulation, law, statue, ordinance, decree, or amendment presently (or ever) put in force."
To me these 11 amendments -- "may not be interpreted away, amended, or repealed, wholly or in part, without negating the entire Constitution from which government derives its authority."
I believe Judg eBrevard Hand made a compelling arguement that the 14th Amendment is questionable at best. But certainly cannot be included nor compared to -neither does it -nor should it, subvert nor amend the Bill of Rights.
As I wrote to paulsen just above, -- " Most of the founders wanted ALL levels of government to be bound by our BOR's. A few Senators blocked a specific amendment to that effect, but the supremacy clause still applied to the general concept.
When that basic concept was 'over-ruled' by the Barron decision [in an effort to avert civil war], - the 14th ended the controversy.. Original intent was restored.. [for awhile]
Now here we are, back again, fighting to keep our individual rights from being violated by prohibitionists/socialists.
Modern court constructions or the convienence of "how the courts have interpreted the constitution for years" ought not be confused with the constitutional supreme law of the land.IMO.
I don't see upholding our rights to life, liberty, & property as 'interpretation'.. -- Do you?
"I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation.In that sense alone it is the legitimate
Constitution.(James Madison to Henry Lee,June25,1824
"the Constitution was written to be understood by the voters; its words and phrases were were used intheir normal
and ordinary ,as distinguished from technical meaning;where
the intention is clear there is no room for construction, and no excuse for interpolation or addition"Joseph Story
Martin v.Hunters' Lessee Let me see now the 14th amendment
was drafted in 1868--it was not until 1940 that any court
desired to bastardize the constitution and Bill of Rights.
How do you explain the void?