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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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To: SUSSA

So, if a state wants to, it can allow murder, according to you.

I not only wouldn’t want to live in such a place, I wouldn’t want it to be a part of my country.


193 posted on 11/18/2007 10:33:33 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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