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To: SUSSA
A) It is a crime to kill an innocent person in every single state. As it must be, under a republican form of government, modeled after our national republican form of government, based on the principles spelled out in our founding documents, and according to our national creed, as expounded in the Declaration of Independence:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men..."

B) The Fifth Amendment protects the rights of all Americans, or would if not for folks like yourself. Like many today, you don't understand the difference between enumerated powers granted to the national government by our Constitution, and enumerated and unenumerated rights granted by the Creator God, either spelled out, or not, ala the Ninth Amendment, in our Constitution.

C) You misstate what the Fourteenth Amendment says:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

All citizens are persons. Not all persons are citizens. No state can deprive any person of their life without trial and conviction on a capital offense.

120 posted on 11/18/2007 2:02:14 PM PST by EternalVigilance (Our God-given rights, and those of our posterity, are not open to debate, negotiation or compromise!)
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To: EternalVigilance

A) It’s a State crime to kill NOT a federal crime. As pointed out there was no federal law against killing the President from the founding of the union until August 28, 1965. The Founding Fathers left the general police powers to the States.

B) The Fifth Amendment restricted the rights of the Federal Government and didn’t apply to the States until passage of the Fourteenth Amendment otherwise there would have been no need for the Fourteenth Amendment.

C) You need to read what the Fourteenth Amendment says: nor shall any STATE deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The Amendment restricts the power of the STATES.

It prohibits the STATES from these actions. The average person can not offer due process of law, but the average person can kill another person if he acts within the laws of the state he is in at the time.

Were the Courts to hold with your reading of the Amendment nobody could kill an attacker or a home invader because there is no due process of law present at the time they do the killing.

Where is the due process when someone shoots a person they wake up to find in their home uninvited? There isn’t any.

Where is the due process when a store owner shoots a thief? There isn’t any.

The laws governing when one may kill are different in all 50 States. There is no federal law against killing the average person. There are federal laws against killing specific persons and groups of persons, but no federal law against murder in general.

The 5th and 14th Amendments were in place when JFK was killed but the federal government had no jurisdiction to try Oswald because there was no federal law against murder of anyone, even the President. That’s why Congress passed Public Law 89-141. If the 5th and 14th Amendments made murder done by individuals illegal there would have been no reason to pass Public Law 89-141.

Deciding what killing is and is not murder is a State power not a federal power and has been since the founding of the Union. I’m not for changing that.


192 posted on 11/18/2007 10:31:26 PM PST by SUSSA
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