Sun Devil 92
Diamond Member
- Apr 2, 2015
- 32,078
- 11,094
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- Banned
- #1
I constantly find myself explaining to conservatives the concept of Selective Incorporation....something the early Roosevelt criminal court started to use to limits state powers. It was never intended to be the case.
This is clearly seen by the fact that although the constitution does not allow the federal government to enact laws with respect to religion.....there was nothing to prevent states. And, indeed, several states had state sponsored religions that were never challenged. They just all went away via the rewriting or reforming of state constitutions.
Here is one description of Selective Incorporation:
Selective incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights. ... At its heart, selective incorporation is about the ability of the federal government to limit the states' lawmaking powers.
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And it is total bullshit.
The SCOTUS just can't not grab power as the framers predicted they would:
What is funny is when I explain to this to those on the right and explain that it means that a state should be able to limit firearms however it wants. They usually say "that the right to bear arms is constitutionally guaranteed'. And yes it is. The constitution prevents the FEDERAL GOVERNMENT from denying that right.
There is no protection from the states. That is why 45 states have essentially the same language in their constitutions. They knew how it worked.
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This disgusting concept (which didn't make it's way out until 1925 as I understand it....but was drawn from the screwed up 14th amendment passed some 60 years earlier) is nothing more than lefties dream of power consolidation.
That along with the 17th amendment have created havoc in our government and hence the clamor over federal politics.
Conservatives have stood by and allowed these things to happen. My friends get pissed when I say you only have yourselves to blame.
Most don't know what either of these things are (S.I. or the 17th). How do conservatives expect to do anything if they won't educate their members ?
This is clearly seen by the fact that although the constitution does not allow the federal government to enact laws with respect to religion.....there was nothing to prevent states. And, indeed, several states had state sponsored religions that were never challenged. They just all went away via the rewriting or reforming of state constitutions.
Here is one description of Selective Incorporation:
Selective incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights. ... At its heart, selective incorporation is about the ability of the federal government to limit the states' lawmaking powers.
***************************
And it is total bullshit.
The SCOTUS just can't not grab power as the framers predicted they would:
What is funny is when I explain to this to those on the right and explain that it means that a state should be able to limit firearms however it wants. They usually say "that the right to bear arms is constitutionally guaranteed'. And yes it is. The constitution prevents the FEDERAL GOVERNMENT from denying that right.
There is no protection from the states. That is why 45 states have essentially the same language in their constitutions. They knew how it worked.
****************************
This disgusting concept (which didn't make it's way out until 1925 as I understand it....but was drawn from the screwed up 14th amendment passed some 60 years earlier) is nothing more than lefties dream of power consolidation.
That along with the 17th amendment have created havoc in our government and hence the clamor over federal politics.
Conservatives have stood by and allowed these things to happen. My friends get pissed when I say you only have yourselves to blame.
Most don't know what either of these things are (S.I. or the 17th). How do conservatives expect to do anything if they won't educate their members ?