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To: Dead Corpse
The Pre-amble to the BOR is all the incorperation it requires.

False.

The Preamble to The Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

The Constitution delegates powers to the federal government. The Preamble states that the Bill of Rights was written to prevent misconstruction or abuse of those delegated federal powers.

"But it is universally understood, it is a part of the history of the day, that the great revolution which established the constitution of the United States, was not effected without immense opposition. Serious fears were extensively entertained that those powers which the patriot statesmen, who then watched over the interests of our country, deemed essential to union, and to the attainment of those invaluable objects for which union was sought, might be exercised in a manner dangerous to liberty. In almost every convention by which the constitution was adopted, amendments to guard against the abuse of power were recommended. These amendments demanded security against the apprehended encroachments of the general government--not against those of the local governments." -- Barron v. Baltimore, 7 Pet. 243 1833

70 posted on 01/27/2003 12:28:05 PM PST by Roscoe
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To: Roscoe
"and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution."

Implied incorperation no matter what your legal fictions implies in their penumbras. Or did you miss that whole part of my post?

Either way, you advocate slavery for us all, even if only by degrees. Or will you deny that as well? What else would you call it if not slavery?

74 posted on 01/27/2003 12:32:38 PM PST by Dead Corpse (For an Evil Super Genius, you aren't too bright are you?)
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To: Roscoe
Dead Corpse"
The Pre-amble to the BOR is all the incorperation it [the 2nd] requires.

False. -rosoce-


The Preamble to The Bill of Rights
Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire,
~ in order to prevent misconstruction or abuse of its powers ~,
that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
_________________________________

The Constitution delegates powers to the federal government. The Preamble states that the Bill of Rights was written to prevent misconstruction or abuse of those delegated federal powers.
-roscoe-

You misquote the line ~ "in order to prevent misconstruction or abuse of its powers" ~ these are not 'federal' powers, but constitutional powers, which powers restrict both federal & state goverments.

Big difference.

True, it is left to the federal government to enforce constitutional powers, but a separation of powers, - 'checks & balances' were supposed to protect states from federal domination. This has failed.
-- It will not be solved by allowing states to ignore the constitution & the 2nd, as do the feds.

Thus roscoe, your defense of 'states rights' v RKBA's is based on just another sham, as detailed above.
93 posted on 01/27/2003 1:37:30 PM PST by tpaine
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