To: tpaine
There is no question that the 1st did not apply to the States. There were State established religions supported by taxes, States prosecuted and jailed unapproved preachers, during Jefferson's presidency States routinely punished Federalist editors and papers. Peter Porcupine was driven out of the country by State persecution. Hamilton's last major court case was defending freedom of the press against attacks from the Republican government in NY state. Newspapers, periodicals and books were routinely removed from the mails in the South if abolitionist. Papers burned, editors tarred and feathered, presses destroyed when publishing abolitionist thoughts.
After all the 1st says "Congress shall make no laws...." Not "no laws shall be made...." Unlike the 2d which states "...the right to keep and bear arms shall not be infringed." Which is a blanket prohibition on actions by all political authorities.
Those pushing the BoR were not opposed to State restrictions only federal.
To: justshutupandtakeit
Those pushing the BoR were not opposed to State restrictions only federal.
Not true. Read paragraph 2, Article VI, about the 'Law of the Land' & the 'Laws of any State, to the Contrary notwithstanding'.
--- The states were already so restricted to obeying the whole of the constitution.
147 posted on
07/23/2002 2:35:31 PM PDT by
tpaine
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