>> If we were to take the broadest possible interpretation of “liberty”, as you seem to be doing, then both the state and federal governments would be restricted from enacting and enforcing any law that restricts a person’s ability to do something. For instance, a state would be forbidden from making it illegal to park in a red zome, because that infringes on a person’s liberty without due process.
This is the most ridiculous straw man I’ve ever seen. Applying the Bill of Rights to the states via the 14th amendment would not disallow making parking laws. The Bill of Rights does not include a right to park wherever you please.
I am not applying the “broadest possible interpretation” of the word liberty to restrict the government from making any laws ... and I never stated or implied any such reasoning. I am applying the interpretation of the word “liberty” which is used in the 5th amendment ... an interpretation which states that the definition of “liberty”, as used in the 5th and 14th, necessarily includes the enumerated rights in the Bill of Rights.
The government is allowed to restrict a great many things, particularly State governments. However, those rights enumerated in the Bill of Rights are guaranteed ... and NO government, Federal, State or Local, has the power to tread on those rights.
According to your flawed interpretation of the 14th amendment, a State government - via an act of the state legislature - would theoretically have the power to ...
(1) seize all firearms ... as the right to keep and bear arms would be a federal right only, [if yours were truly a proper interpretation, there are SEVERAL states which would seize all firearms tomorrow];
(2) arrest peaceful protesters (only a federal right to free speech);
(3) restrict political speech on websites such as this (federal free speech only);
(4) randomly search the homes of its citizens without probable cause or a warrant (restrictions on searches & seizures would be federal only);
(5) torture criminals (bans on cruel and unusual punishment would be federal only);
(6) establish a compulsory state religion (establishment clause is federal only);
(7) jail practicioners of any religion OTHER than the state religion (free expression clause is federal only);
(8) seize private property for public use with no compensation (think eminent domain, but without the necessity of actually paying for the property ... we’d have several communist states on our hands);
(9) engage in double jeopardy in trials;
(10) force accused criminals to testify against themselves;
(11) try accused criminals without an indictment;
(12) throw people in jail without any legal process ... no right to a speedy or public trial;
... etc. ...
However, because the 14th amendment applies the Bill of Rights to State governments ... no State government is permitted to do ANY of these things. Luckily, the Supreme Court, and the VAST majority of the country, disagrees with your fatally flawed interpretation of the 14th Amendment.
H