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To: Edward.Fish

You need to learn about the 14th amendment.


19 posted on 03/28/2017 10:56:27 PM PDT by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up.)
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To: DesertRhino
You need to learn about the 14th amendment.

You're talking about Incorporation — even if it were true and correct, then applying the First Amendment to the states would change nothing: they don't have congresses. To assert that the fourteenth does cause the first to restrict the States is to admit that incorporation would have to functionally alter the text of the Constitution, but to do that would necessitate a assertion that the fourteenth can/did (and was meant to) alter Article 5 of the Constitution — something that is absurd on its face.

Moreover, to accept this proposition is to set the Supreme Court above the Constitution that established that very court, for it would need to be they that determine what incorporation actually does. — This notion is too absurd to be held as a serious, legitimate legal calculus: a servant is not greater than his master, nor the messenger of more authority than the one commissioning him.

(The irony of the reality of the current legal landscape does not escape me; however, it does not mean that we should accept such a fundamentally flawed argument [much less foundation!].)

24 posted on 03/28/2017 11:21:51 PM PDT by Edward.Fish
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