Posted on 04/20/2009 10:08:38 AM PDT by freedomwarrior998
More's the fool you...
"These [first ten] amendments contain no expression indicating an intention to apply them to the state governments. This court cannot so apply them." Barron v. Baltimore, 32 U.S. 243, 250.
Say good night, Gracie.
I'll have you know I only error on the side of liberty, not nonsense.
please note when grammatically correct is always CAPITALIZED: the British have a constitution, we have a Constitution
A pronoun, I get it now. Does the same apply to 'toilet paper'?
Pennsylvania -- has a stronger affirmation of this right than the Federal Constitution, and our Bill of Rights predates the Federal Constitution (as do the BoRs of many States.)
Since I live in California, I guess we're just out of luck 'cause we only predate the Gold Rush. Btw, what's stronger than "shall not be infringed"?
Which is why the States were not in the least concerned that the Federal BoR was weaker in most cases than their own: it doesn't apply to them.
Something tells me our Founders were thinking beyond their own little fiefdoms. Something tells me that the Bill of Rights was a compendium of 'rights' the various states would accept as the minimum afforded US citizens- regardless the gold-plated standards that may have existed in states like Pennsylvania.
If any of what you were posting applied specifically to the Bill of Rights, the doctrine of Incorporation would not exist.
And why should it? The 14th is just a way of saying that the rights you were denied before (recently freed blacks) are now restored. Redundant in the extreme. Businesses incorporate, rights don't.
Scalia: we note that Cruikshank also said that the First Amendment did not apply against the States and did not engage in the sort of Fourteenth Amendment inquiry required by our later cases."Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"--pretty straight forward- sadly, this is used to imply that the rest of the ammendments were directed at 'congress' or the feds in like manner- they weren't. Scalia stumbles.
Our later decisions in Presser v. Illinois, 116 U. S. 252, 265 (1886) and Miller v. Texas, 153 U. S. 535, 538 (1894), reaffirmed that the Second Amendment applies only to the Federal Government.
Help me here- if the 2A only applies to the federal government, how does that enhance the welfare of the people of the various states?
"The Constitution's Bill Of Rights don't apply to you guys, therefore, we're putting your butts in lock-up 'cause we just don't like you." "But, what we ain't gonna do is try to teach you religion." " That's forbidden. Man."
John Marshall, at the end of a glorious and exemplary career, f*cked up royally.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.