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

To: FredZarguna
What does that say? What does it actually say?

Keep reading dumbass...

"may be appealed to as a restraint on BOTH".

Don't stop reading when you think something agrees with you...

154 posted on 04/25/2009 6:43:03 PM PDT by Dead Corpse (III)
[ Post Reply | Private Reply | To 153 | View Replies ]


To: Dead Corpse
I read it, and it "may be appealed to as a restraint against both" does not mean the same thing as the first clause. It is not binding on the States. Please ACTUALLY READ what it says, which is as an absolute injunction against Congress, but only as an argument for restraint against the States. NO ONE who has written an opinion for the SCOTUS since 1833 has claimed the Bill of Rights was binding on the States. Please actually read Scalia's footnote concerning Incorporation in Heller. Then read Barron v. Baltimore. That Supreme Court decision was settled law until very late in the 19th Century. In searching for ways to Incorporate the Bill of Rights as applying against the States, the Court turned to the Due Process Clause of the 14th Amendment. No Supreme Court Justice has ever shared your opinion.
156 posted on 04/25/2009 7:23:30 PM PDT by FredZarguna (It looks just like a Telefunken U-47. In leather.)
[ Post Reply | Private Reply | To 154 | 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