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To: Free the USA
The Fourteenth specifies STATE if you take the time to read it.

Perhaps you should reread my post before you lose your temper. I specifically said (and I quote), The fourteenth is the only one that mentions a restriction on any type of government, specifically the state. The fifth mentions no type of government, but only the freedoms and rights that the federal government has been charged to protect." Don't get upset just because the English language can't be manipulated to suit your ends. It's just a fact. I'm simply an impartial observer. That you interpret it as condescending is indicative of the emotional stake you have, which is understandable.

Have you ever heard a murderer being charged and convicted of violating Fourteenth Amendment rights?

It hasn't been needed up until this point, as states have generally had laws against murder. Frankly, though, the dead aren't in any position to sue. I would consider it, however, if a family member in Oregon was put to death by a physician, and that physician was not held accountable by state or federal authorities. Part of the reason the fourteenth was worded the way it was is specifically because states weren't adequately protecting the rights of blacks according to the fifth amendment, as the ones habitually persecuting blacks fallaciously claimed the fifth amendment only applied to the authority of the federal government to infringe on those rights. The sitting Congress of the time disagreed, but wanted there to be no room for debate.

Are you now going to pretend the Fourth forbids burglary and since age is not mentioned a parent can’t legally search their child’s room or read their diary without first obtaining a search warrant?

Burglary is forbidden, and except for the income tax (another sore point), the states generally protect against it. As to the "child's room" argument, don't be silly. Of course the parent can search it unless the child has been granted autonomy from the parents through the usual, legal means. The room belongs to part of the house, which belongs to the parent, not the child. We seem to be veering off course. with these scenarios. How would you suggest we get back on track?

179 posted on 04/23/2002 11:01:45 AM PDT by outlawcam
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To: outlawcam
If you are willing to do a little research you will find that the reason the Fourteenth Amendment mentions "State" is because, up until that time the Constitution was considered to only be limit on the power and authority of the Federal Government. With the Fourteenth Amendment many of the Constitutions protections where extended to preclude State Government actions.
From the Third pargraph of the below linked reference.
The reference in the 5th Amendment applies only to the federal government and its courts and agencies. The reference in the 14th Amendment extends protection of due process to all state governments, agencies, and courts.
Constitutional Topic: Due Process
USConstitution.net
181 posted on 04/23/2002 12:23:26 PM PDT by Free the USA
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