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To: WayneS
He also stated at one point during our exchange that until the 14th Amendment was adopted, the Bill of Rights applied only to the Federal government, not the States. Now I know from the way it is written that the 1st Amendment applies only to the Federal government ("Congress shall make no law..."), but that was the first time I had ever seen someone argue that Amendments 2-10 didn't apply to the State governments, especially since the 6th and 10th Amendments specifically mention the States.

Actually, if you go by original intent, the Federal BOR was for the federal enclave. That's why all the States have their own Constitutions. It was considered a separation of powers.

Here's a great Constitutional resource The Founders Constitution

In the English common law upon which our Constitution was based, juries in a trial judged the law the actions and the character of an accused criminal.

A 'peer' as it was originally used was someone who knew the accused, and therefore could judge his actions and whether or not they were justifiable.

By placing the 6th Amendment in the Constitution, the Founders ensured the judgment of the crime took place in the same area in which it was committed, and the accused would have access to his 'peers' and defensive witnesses.

The usage of the word 'State' in the 10th Amendment was to make very clear the ONLY power the federal government had was what was written in the legal contract known as the Constitution.

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The Adoption of the 14th Amendment changed our form of government from a federal/restricted national one to a wholly NATIONAL one. So many courts (including the Supreme Court) have said.

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I interpret the Constitution as it is written, not as I would personally like it to be.

As do I.

MANY FReepers think the Constitution is like Burger King in that they can 'have it their way".

The Constitution is a legal document. Remove a single, tiny part, and the entire contract is worthless.

96 posted on 02/22/2006 7:52:52 AM PST by MamaTexan (I am NOT a ~legal entity~, nor am I a *person* as created by law!)
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To: MamaTexan

"Shall not be infringed" is an absolute. That means NO ONE can infringe. The Constitution is set up to limit and apportion the various powers of the government among the branches of the Federal government and the States. So, how could the phrase "shall not be infringed" NOT apply to the government in its entirety.

The first amendment is the ONLY one which specifically makes reference to restricting only the powers of the Federal government. Why would the 1st Amendment be structured the way it is if the rest of the Bill of Rights was also intended to restrict only the powers of the Federal government? "Congress shall make no law..." would be redundant and unnecessary in that Amendment if the REST of the Bill of Rights also applied only to the Federal government.


115 posted on 02/22/2006 9:01:49 AM PST by WayneS (Follow the 2nd Amendment; Repeal the 16th.)
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