The Bill of Rights and the 14th Amendment and States Rights

Discussion in 'Judicial Interpretation' started by Dante, Dec 28, 2014.

  1. Dante
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    Dante On leave Supporting Member

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    The Bill of Rights and the 14th Amendment and States Rights

    Did the *Founders (*meaning framers and ratifiers of US Constitution), intend for the Bill of Rights to NOT apply to the states? If yes, I wonder if you are principled enough to argue that the *Founders intended for the states to be able to take private property for public use, without just compensation, if they so chose?
     
    Last edited: Dec 28, 2014
  2. Nutz
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    It is pretty simple...if the Bill of Rights apply to the people, then no state can make a law to abridge that right.
     
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  3. TakeAStepBack
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    TakeAStepBack Gold Member

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    I believe the intention of the ratification in 1868 was to show that people are in fact, not property. So, no.
     
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  4. Statistikhengst
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    Statistikhengst BANNED

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    Lol.... this is gonna be fun..... lol....
     
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  5. Dante
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    Dante On leave Supporting Member

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    Did the the framers and backers of the 14th Amendment intend for the Bill of Rights to apply to the state governments? If yes, how do you use old states rights arguments, which were used pre the 14th amendment, to argue that the rules of pre 14th should apply to states rights today? Do you ignore the 14th or try to parse it in ways that fit the bill of particulars you are selling?
     
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  6. Nutz
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    There is no argument, no state can infringe upon the rights granted upon them by the Constitution of the United Stats. If you want to take this to another argument, please do...but just make your point without the nonsense
     
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  7. TakeAStepBack
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    TakeAStepBack Gold Member

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    This is jibberish....
     
  8. Dante
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    Dante On leave Supporting Member

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    The Supreme Court under Chief Justice Marshall unanimously disagreed with your assumption. This is still in the age of the *Founders. Evidence shows that some people back then agreed with you, but the Court in an important case disagreed.

    so in effect, nothing is as simple as you would have people believe
     
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  9. Nutz
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    Case?
     
  10. Dante
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    Dante On leave Supporting Member

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    You believe the 14th amendment was only about slaves and people as property?
     

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