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To: CobaltBlue
"Prefering one religion over all other religions is fine in your church but not fine in a government building."

Yes, there lies the crux of the matter. A question of jurisdiction. Early state governments had no injunction against flavoring its judiciary with religious tenets, according to what I've read in the past weeks.

When and WHY did the federal court system decide it could bypass the 1st, 9th and 10th amendments using a portion of the 14th, when it was clear from the beginning that the 14th was only operational in corporate federal zones (fictional federal states) and not in the union of Sovereign states proper?

Sovereigns already filed their claim for rights in the D of I and Constitution (which includes the first 10 amendments) and didn't need a 14th Amendment to grant them -- and definitely didn't agree to allow the 14th Amendment to abridge them or the Amendment wouldn't have been passed. :-<

(As an aside, don't you think it strange that the unalienable rights and the Sovereign Citizenship of slaves were not recognized by a simple act of Congress, rather than create a fictional nation to grant them a lesser status with the 14th Amendment?)

Now the 14th is being used to control the union of states by over-riding three prior Amendments. I thought it was unconstitutional to pass any law or amendment that was repugnant and not in pursuance (destructive) to the founding documents.

I consider what the federal judiciary is doing now is an overt grab for total municipal power. Time to put these buzzards back in their cage lest the over-shadowing of their wings block out the Light of Liberty completely.

46 posted on 08/30/2003 10:58:33 PM PDT by Eastbound
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To: Eastbound
I learned about incorporation of the Bill of Rights via the 14th Amendment in a semester long class devoted only to that, and we barely scratched the surface. There is simply no way to summarize it in a paragraph or two.

As a practical matter, it's a done deal. It's been done for many decades. That doesn't explain it, but for purposes of this discussion I don't really want to start lecturing on the history of incorporation.

Probably the only way around it would be 1) a series of constitutional amendments or 2) a revolution.

Going at it through invidual justices or judges isn't going to work. No president gets to appoint more than one or two, some appoint none, and you can't really predict what they'll do once they're on the bench. Once there they have tenure for life.
48 posted on 08/30/2003 11:15:47 PM PDT by CobaltBlue (Never voted for a Democrat in my life.)
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