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To: Mojave
But you want the federal courts to seize state police powers and amend the Constitution from the bench.

Really? How's that? Every state agreed to the Constituion, as written, prior to becoming part of the United States....so enforcing what we all agreed upon constitutes federal courts seizing state police powers....? BTW...enforcement should work both ways, state to federal and federal to state.

Not to be disrespectful...but your assuption has no legs.......

20 posted on 07/12/2009 9:43:20 AM PDT by cbkaty (I may not always post...but I am always here......)
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To: cbkaty
Not to be disrespectful...but your assuption has no legs.......

Backwards.

Had the people of the several States, or any of them, required changes in their Constitutions, had they required additional safeguards to liberty from the apprehended encroachments of their particular governments, the remedy was in their own hands, and could have been applied by themselves. A convention could have been assembled by the discontented State, and the required improvements could have been made by itself. The unwieldy and cumbrous machinery of procuring a recommendation from two-thirds of Congress and the assent of three-fourths of their sister States could never have occurred to any human being as a mode of doing that which might be effected by the State itself. Had the framers of these amendments intended them to be limitations on the powers of the State governments, they would have imitated the framers of the original Constitution, and have expressed that intention. Had Congress engaged in the extraordinary occupation of improving the Constitutions of the several States by affording the people additional protection from the exercise of power by their own governments in matters which concerned themselves alone, they would have declared this purpose in plain and intelligible language.

But it is universally understood, it is a part of the history of the day, that the great revolution which established the Constitution of the United States was not effected without immense opposition. Serious fears were extensively entertained that those powers which the patriot statesmen who then watched over the interests of our country deemed essential to union, and to the attainment of those invaluable objects for which union was sought, might be exercised in a manner dangerous to liberty. In almost every convention by which the Constitution was adopted, amendments to guard against the abuse of power were recommended. These amendments demanded security against the apprehended encroachments of the General Government -- not against those of the local governments. In compliance with a sentiment thus generally expressed, to quiet fears thus extensively entertained, amendments were proposed by the required majority in Congress and adopted by the States. These amendments contain no expression indicating an intention to apply them to the State governments. This court cannot so apply them.

U.S. Supreme Court, Barron v. Mayor & City Council of Baltimore, 32 U.S. 7 Pet. 243 243 (1833)

"Incorporation" is the systematic destruction of the Constitution and original intent by courts engaging in facile and historically baseless rationalizations. You're promoting another one.

21 posted on 07/12/2009 10:08:11 AM PDT by Mojave (Don't blame me. I voted for McClintock.)
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