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To: sig226
"It makes no sense to assume that the founders believed that the federal government might become tyrannical, but such no such thing would ever happen in a state."

In a state? No. I don't think the thought ever occurred to them.

"Your statement falls back on Barron v. Baltimore, which in 1833 decided that the bill of rights applies only to the federal government."

I think that was the first case, yes. The court only referenced the Takings Clause of the 5th amendment, not the entire BOR.

"Article VI of the constitution is clear"

Uh-huh. And for the next 150 years, every single court ignored it? C'mon. Read the Preamble to the Bill of Rights. It says right in it that the amendments are to apply to the federal government only.

927 posted on 03/10/2007 8:33:41 PM PST by robertpaulsen
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To: robertpaulsen

And the constitution and BOR are the SUPREME LAW OF THE LAND.
But of course in order to arrive at your position you have to omit the supremacy clause.


929 posted on 03/10/2007 8:36:54 PM PST by smoketree (the insanity, the lunacy these days.)
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To: robertpaulsen
It says right in it that the amendments are to apply to the federal government only.

... which is why CCW is the law of the land in federal buildings, national parks, post offices, commercial airliners under the purview of the TSA, and everywhere around Washington DC ...

938 posted on 03/10/2007 8:55:09 PM PST by coloradan (Failing to protect the liberties of your enemies establishes precedents that will reach to yourself.)
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To: robertpaulsen
In a state? No. I don't think the thought ever occurred to them.

Then I'm the first one to think of it. I must be even smarter than I thought. I amaze me.

Read the Preamble to the Bill of Rights. It says right in it that the amendments are to apply to the federal government only.

THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution

Compare and contrast: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The fact that they ignored the very clear wording of Article VI does not change its wording. They also said that the constitution supported slavery. It did this only by mentioning how much a slave counted in the census, yet slavery went on for 70 years after the document was written.

1,019 posted on 03/11/2007 5:01:25 AM PDT by sig226 (see my profile for the democrat culture of corruption)
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