Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: mrsmith
"From saying that the BoR extends to the States to belief in the above statement is quite a leap of logic. I contend no such thing."

It is exactly what you are saying: that the federal government has the power to enforce the Bill of Rights against the states because it is not prohibted from doing so.

Does not follow. You contend that I argue that anything not prohibited is allowed. What I truly argue is that which is prohibited, is prohibited; what is allowed is allowed. Some things to the Feds, some to the States, some to both. Then, under the 10th A., undelegated powers not prohibited are reserved to the States or, ultimately, the people.

Violation of the Constitution is prohibited to both, via their officer's sworn oath. The BoR are part of the Constitution, therefore violation of same is prohibited to the States.

I have not argued power to enforce either way, your assumption that I have notwithstanding.

437 posted on 06/21/2004 1:26:05 PM PDT by LexBaird (Tyrannosaurus Lex, unapologetic carnivore)
[ Post Reply | Private Reply | To 434 | View Replies ]


To: LexBaird
Well, if we both agree that the federal government had no power to enforce the Bill of Rights upon the states then we certainly agree!

Morally one can certainly argue that the BOR should have been followed by all the states- one of the reasons for the BOR was to protect those rights we had reserved from our state governments.

But the Founders did not give the federal government any such authority.

At the time pople trusted their states, the state governments had led them in the war for independence, they refered to their states as their "country" in iterature of the time.

The new federal government was greeted with almost as much suspicion as the United Nations would be today! Much demand was made to restrict it's powers to matters between the states and to foreign affairs.

439 posted on 06/21/2004 1:41:35 PM PDT by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice... Hillary Rodham Clinton ")
[ Post Reply | Private Reply | To 437 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson