[mrsmith]

"The context of my statement, which you seem to be missing ...is that the Constitution HAS been changed"

Oh I understood that, and it's quite correct. The Fourteenth Amendment constitutionally applied the BOR to the states.

These living constitutionalists don't understand that that is what happened. They don't even think it was neccessary to amend the Constituttion- just to decide it is 'better' for it to mean something else is sufficient for them.

I believe it was Scalia who said that living constitutionalist judges are happy because everything they think would be good in the Constitution-is!

[tpaine]

Notice that smith skipped over my questions at #296 in order to prattle on about "living constitutionalists", the new 'great evil' as defined by the states rights crowd.