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To: tpaine
The preamble refutes your assertions.

"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, (djf note: meaning the powers of the federal government) 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"

Then, very first item:

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Nothing in the Bill of Rights are to be construed as granting additional powers to government. The are a "Bill of RIGHTS" not a "Bill of POWERS". They preserve the access to the common law.
74 posted on 08/26/2003 12:54:13 PM PDT by djf
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To: djf
You are simply ignoring the existence of the supremacy clause. The BOR's when ratified became the Law of the Land.
All states were bound therby, and were well aware of this constitutional fact.

The bill of rights were made to restrain all levels of our governments fed /state/local, from violating individual rights.

Sure, only congress is specified for the 'make no law' of the 1st amendment, precisely because some states had official religions they would not politically abandon.
It was a compromise wording on a delicate subject, as per the slavery issue.

But clearly the rest of the BOR's apply to the individual rights of people, --- and in two instances, states are mentioned.

The 6th enumerates how criminal prosecutions are to be held in state courts, in detail.

The 10th says that certain powers are prohibited to states.

77 posted on 08/26/2003 1:11:53 PM PDT by tpaine ( I'm trying to be Mr Nice Guy, but politics keep getting in me way. ArnieRino for Governator!)
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