Posted on 02/17/2005 5:30:03 PM PST by Happy2BMe
Well, I'd suggest that your counterargument rests heavily on not publishing the priv. & immunity clause, which, indeed, you have not done. Your suggestion that the thrust of the post civil war amendments lies in the abolution clause, rather than the priviliges & immunity clause is one that is widely not shared, just as your interpretation that strict construction of Amendment one restricts any section of the bill of rights to merely restraint on federal congressional lawmaking is also not widely shared--as that is the very point of the post civil war amendments, most particularly, and tellingly, the priv. & immunity clause.
I'd remind you that the founders were not, primarily, punctilious, hairsplitting lawyers--they had serious, historically mindful, philosophically steeped intent behind what they were doing, and the Bill of Rights is a cohesive essay about that intent, as the priv. and immunity clause deafeningly underscores, in correcting the heinous political compromises that retained slavery in the United States--the fundamental reason, by the by, why the founders were forced to mealy-mouth in the manner that you are trying to exploit.
Intent is the touchstone of the Bill of Rights, and the priv. & immunity clause, and always has been, and rightfully so. Lawyers, zealots, and ambitious crooks can lawyer away anything if you give them enough time to chip away at any document. The early amendments say something very clear, if one will only listen with a heart and a brain, rather than a lawyer.
"Well, I'd suggest that your counterargument rests heavily on not publishing the priv. & immunity clause, which, indeed, you have not done."
Which Ammendment containst that clause?
"the fundamental reason, by the by, why the founders were forced to mealy-mouth in the manner that you are trying to exploit. "
I am not trying to "exploit" anything. I am trying to figure out how we got so messed up. I am trying to understand why a Justice System does not provide any justice. I am attempting to discover how courts became legislators that can enslave us.
I am not trying to "exploit" anything. I am trying to figure out how we got so messed up. I am trying to understand why a Justice System does not provide any justice. I am attempting to discover how courts became legislators that can enslave us.
I sympathise, however, I recommend you look elsewhere than the Bill of Rights, and I recommend against trying to argue that the civil war amendments started slavery.
14th
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