Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Dead Corpse
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.

This is an argument for 14th Amendment incorporation right here as Madison seems to be saying that the purpose of the BoR was to guarantee liberty at the state level as well since some states didn't have individual rights spelled out or they were defective. In other words he didn't believe that the federal BoR was to be limited to the federal government only. Interesting that the collectivists don't bring that up.

201 posted on 11/29/2007 8:08:17 AM PST by Reaganwuzthebest
[ Post Reply | Private Reply | To 200 | View Replies ]


To: Reaganwuzthebest
In other words he didn't believe that the federal BoR was to be limited to the federal government only.

As per Art 6 para 2 and the actual legislation passed around to the States.

To whit:

The First 10 Amendments to the Constitution as Ratified by the States December 15, 1791

Preamble

Congress OF THE United States begun and held at the City of New York, on Wednesday the Fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States, all or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.:

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Seriously gives the lie to the "incorporation" doctrine that was early on used to keep certain minorities from claiming the protections for their Rights as freedmen.

202 posted on 11/29/2007 8:44:52 AM PST by Dead Corpse (What would a free man do?)
[ Post Reply | Private Reply | To 201 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson