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1 posted on 12/16/2008 12:15:09 AM PST by history_48
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To: history_48

I agree with the premise of the historical record. However, I do have a bit of a hard time allowing that we need to take the Bill of Rights away from the people in the various states. It would seem a right best left untampered with in many cases.


2 posted on 12/16/2008 12:55:12 AM PST by Mobile Vulgus
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To: history_48
In Federalist 84, Alexander Hamilton brings up a good point against a bill of rights:

I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power. They might urge with a semblance of reason, that the Constitution ought not to be charged with the absurdity of providing against the abuse of an authority which was not given, and that the provision against restraining the liberty of the press afforded a clear implication, that a power to prescribe proper regulations concerning it was intended to be vested in the national government. This may serve as a specimen of the numerous handles which would be given to the doctrine of constructive powers, by the indulgence of an injudicious zeal for bills of rights.

3 posted on 12/16/2008 1:13:42 AM PST by Loud Mime ("Only the dead have seen the end of war" Plato)
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To: history_48
On this day in 1791, Virginia became the tenth state to ratify the Bill of Rights, thus giving the document the requisite two-thirds approval among the states and making it the law of the land.

Article. V. - Amendment
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Sad when such an article can not even get the basic facts right .....

4 posted on 12/16/2008 2:18:28 AM PST by An.American.Expatriate (Here's my strategy on the War against Terrorism: We win, they lose. - with apologies to R.R.)
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To: history_48

States rights issues were dealt a blow by Lincoln in the Civil War, unfortunately...


5 posted on 12/16/2008 2:19:15 AM PST by Star Traveler
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To: history_48

bump


19 posted on 12/16/2008 1:19:47 PM PST by TenthAmendmentChampion (Join us on the best FR thread, 8000+ posts: http://www.freerepublic.com/focus/chat/1990507/posts)
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To: Pharmboy

might be of interest ping...


20 posted on 12/16/2008 1:22:32 PM PST by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: history_48

"Oh, Yeah!"

21 posted on 12/16/2008 1:22:48 PM PST by dfwgator (I hate Illinois Marxists)
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