[steve-b]

As usual, Samuel Francis is wrong:

Debate over the anti-KKK bill naturally required exposition of Section 1 of the Fourteenth Amendment, and none was better qualified to explain that section than its draftsman, Rep. John A. Bingham (R., Ohio):

Mr. Speaker, that the scope and meaning of the limitations imposed by the first section, fourteenth amendment of the Constitution may be more fully understood, permit me to say that the privileges and immunities of citizens of a State, are chiefly defined in the first eight amendments to the constitution of the United States. Those eight amendments are as follows:

[text of Amendments I-VIII]

These eight articles I have shown never were limitations upon the power of the States, until made so by the Fourteenth Amendment.

[tpaine]

Bingham wrote:

" -- permit me to say that the privileges and immunities of citizens of a State, are chiefly defined in the first eight amendments to the constitution of the United States."

" --- These eight articles I have shown never were limitations upon the power of the States, --- "


______________________________________


If, [big if] the first eight Amendments "never were limitations upon the power of the States," --


--- Then why are "the privileges and immunities of citizens of a State" -- "chiefly defined in the first eight amendments to the constitution of the United States."?


Bingham obviously had the opinion that he was correcting a flaw in the Constitution pointed out by Justice Marshall in his 'Barron' decision.

There was no flaw.

The 'Barron' opinion was wrong, as it completely ignored the supremacy clause.
Barron was an attempt by Marshall to avert civil war, imo, -- by giving in to the 'States Rights' faction of the day. Naturally, it didn't work.

Appeasement on principles never does.

[robertpaulsen]

Well, tpaine is the authority on the BOR, and I know he doesn't believe that statement, so neither do I.

[robertpaulsen]

Someone needs to explain to Mr. Bingham that the second, third, seventh, and part of the fifth amendment still don't limit the states, 140 years after the 14th was ratified.

And he needs a reading lesson -- I thought the first amendment CLEARLY said, "Congress shall make no law ..."

What a doofus.