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To: Nanodik
It's not my interpretation.
It is the interpretation of those who wrote and ratified the Constitution and the Bill of Rights.

I'm sorry they mean nothing to you, but your's is obviously not an unusual attitude these days!

44 posted on 01/01/2004 12:10:45 PM PST by mrsmith
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To: mrsmith
"It's not my interpretation."
-mrsmith-







Well it is sure -NOT- the interpretation of those who wrote and ratified the Constitution and the Bill of Rights, -- that our individual rights could be violated by governments of any sort..

It is incredible how you 'states righters' will try to rationalize giving a state the power to control life, liberty, & property..
Why do you abandon your own freedoms?



46 posted on 01/01/2004 12:47:05 PM PST by tpaine (I'm trying to be 'Mr Nice Guy', but FRs flying monkey squad brings out me devils. Happy New Year!)
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To: mrsmith
Madison on the Bill of Rights prior to it's adoption:

But whatever may be [the] form which the several states have adopted in making declarations in favor of particular rights, the great object in view is to limit and qualify the powers of government, by excepting out of the grant of power those cases in which the government ought not to act, or to act only in a particular mode. They point these exceptions sometimes against the abuse of the executive power, sometimes against the legislative, and, in some cases, against the community itself; or, in other words, against the majority in favor of the minority. ...But I confess that I do conceive, that in a government modified like this of the United States, the great danger lies rather in the abuse of the community than in the legislative body. The prescriptions in favor of liberty, ought to be levelled against that quarter where the greatest danger lies, namely, that which possesses the highest prerogative of power: But this [is] not found in either the executive or legislative departments of government, but in the body of the people, operating by the majority against the minority. ...It may be said, because it has been said, that a bill of rights is not necessary, because the establishment of this government has not repealed those declarations of rights which are added to the several state constitutions: that those rights of the people, which had been established by the most solemn act, could not be annihilated by a subsequent act of the people, who meant, and declared at the head of the instrument, that they ordained and established a new system, for the express purpose of securing to themselves and posterity the liberties they had gained by an arduous conflict. I admit the force of this observation, but I do not look upon it to be conclusive. In the first place, it is too uncertain ground to leave this provision upon, if a provision is at all necessary to secure rights so important as many of those I have mentioned are conceived to be, by the public in general, as well as those in particular who opposed the adoption of this constitution. Beside some states have no bills of rights, there are others provided with very defective ones, and there are others whose bills of rights are not only defective, but absolutely improper; instead of securing some in the full extent which republican principles would require, they limit them too much to agree with the common ideas of liberty.

Seems to me he is more worried about the state government and the community at large and his reason is that the feds had few enumerated powers in Article 1 Section 8.

49 posted on 01/01/2004 1:18:14 PM PST by Nanodik (Libertarian, Ex-Canadian)
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