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The Constitution & The Judicial Branch Discuss The proposed repeal amendment at the Political Forums; Originally Posted by Bodo If that's the case, why are we still talking about which rights are 'incorporated'? Only a ...

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Old 12-05-2010, 02:22 PM
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Default Re: The proposed repeal amendment

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If that's the case, why are we still talking about which rights are 'incorporated'? Only a handful are currently.

Prior to the 1890s, the Bill of Rights was held only to apply to the federal government.

How does that fit into your assertion that it's been that way since the founding?

It doesn't because it's not true. You made it up
Incorporation occurred only because the states began to violate the rights bestowed by the Bill of Rights.

Think about it this way...

If you believe that the founders intended this nation to function as a conglomeration of nations under one banner (a states rights position) then you believe that the states are the center of power and should be beholden to no one, not even the Constitution because as you've stated the Constitution does not apply to the conduct of states beyond foreign relations.

How does that jive with the commentary of Jefferson and Adams? It doesn't. How does that jive with rationale behind declaring independence? It doesn't.

The entire friggn point behind coming to the New World was to seek individual autonomy. Why then would these great scholars write a document that outlines a Bill of Rights and NOT mean for it to apply to all people across the nation?

If we are to hold your position, the Bill of Rights would be unnecessary because the states would have the power to make the decisions and the federal government wouldn't. The federal government would not be a truly "governing" body, it would merely be a microcosm of the UN and thus outlining what it can't do would be superfluous.

No, the founders knew better. They understood that federalism would indeed occur which is why they put the Bill of Rights into the Constitution (as most of them were still around and playing politics when the Bill of Rights was adopted).

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Originally Posted by Madison
I think there is more danger of those powers being abused by the state governments than by the government of the United States. The same may be said of other powers which they possess, if not controlled by the general principle, that laws are unconstitutional which infringe the rights of the community. I should therefore wish to extend this interdiction, and add, as I have stated in the 5th resolution, that no state shall violate the equal right of conscience, freedom of the press, or trial by jury in criminal cases; because it is proper that every government should be disarmed of powers which trench upon those particular rights. I know in some of the state constitutions the power of the government is controlled by such a declaration, but others are not. I cannot see any reason against obtaining even a double security on those points; and nothing can give a more sincere proof of the attachment of those who opposed this constitution to these great and important rights, than to see them join in obtaining the security I have now proposed; because it must be admitted, on all hands, that the state governments are as liable to attack these invaluable privileges as the general government is, and therefore ought to be as cautiously guarded against.
Confederation & Constitution: Bill of Rights: James Madison Proposal: Speech
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Old 12-05-2010, 02:23 PM
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The history of and the trial and tribulations that make the bill of rights what it is explains the founding fathers point of view. You are stating your personal view, which is fine, but you have zero basis in history to speak for the founders.
Read Madison in his proposal of the Bill of Rights... He speaks clearly about the rights of the individual and their need to be protected.
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Old 12-05-2010, 02:48 PM
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Default Re: The proposed repeal amendment

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Originally Posted by pjohns View Post
I'm not sure what this means.

The US Constitution requires a two-thirds supermajority of both chambers of Congress for passage of a constitutional amendment. And the Equal Rights Amendment achieved precisely that.

However, it also requires ratification by three-quarters of the state legislatures--or 38 out of 50. By March of 1979, only 35 states had ratified the amendment. And although an extension of more than three years was eventually passed by Congress, no aditional states ratified the amendment; in fact, five that had previously voted in favor of it rescinded their ratification during this extended time period.



How, exactly, would such a constitutional amendment "screw 9 million poor people"?
First the ERA amendment was screwed cause it's proponents had to go to each individual state level to pass it and they were up against propaganda all the way. One of my sisters still believes it was all about making us use the same restroom.
Screwing the poor? To receive health care under the new laws they would have to move or do without.

**But since my views are always evolving in the political sense, Let's see what happens.
Maybe those "crazy Americans" will do something extraordinary once again.
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Old 12-05-2010, 03:13 PM
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Default Re: The proposed repeal amendment

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Read Madison in his proposal of the Bill of Rights... He speaks clearly about the rights of the individual and their need to be protected.
The Fifth Amendment (Amendment V) to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215. For instance, grand juries and the phrase "due process" both trace their origin to the Magna Carta.

He is simply speaking of the fifth amendment. Nothing more. He was not speaking of the Bill of Rights in its totality.
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Old 12-05-2010, 03:48 PM
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Default Re: The proposed repeal amendment

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The Fifth Amendment (Amendment V) to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215. For instance, grand juries and the phrase "due process" both trace their origin to the Magna Carta.

He is simply speaking of the fifth amendment. Nothing more. He was not speaking of the Bill of Rights in its totality.
He was talking about ARTICLE 5, not the 5th Amendment. Please follow the link and read
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Old 12-05-2010, 04:00 PM
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Default Re: The proposed repeal amendment

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He was talking about ARTICLE 5, not the 5th Amendment. Please follow the link and read
The colonies had now expelled all the British authorities and become states. As Thomas Paine explained in Common Sense, there was no reason to return to the unsatisfactory royal system. Congress unanimously approved the Declaration of Independence on July 4, 1776, resolving "that these United Colonies are and of right ought to be free and independent States."
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Old 12-05-2010, 04:22 PM
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Default Re: The proposed repeal amendment

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The colonies had now expelled all the British authorities and become states. As Thomas Paine explained in Common Sense, there was no reason to return to the unsatisfactory royal system. Congress unanimously approved the Declaration of Independence on July 4, 1776, resolving "that these United Colonies are and of right ought to be free and independent States."
And then the Constitution eliminated that notion. It's very nature limits the rights of the states. So again... Going back to what people wanted is a different story than going back to what they actually did. They created a federalized bill of rights to force the states to protect the rights of the individual. This very idea creates federal supremacy of law.
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Old 12-05-2010, 04:35 PM
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Default Re: The proposed repeal amendment

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And then the Constitution eliminated that notion. It's very nature limits the rights of the states. So again... Going back to what people wanted is a different story than going back to what they actually did. They created a federalized bill of rights to force the states to protect the rights of the individual. This very idea creates federal supremacy of law.
It was actually put in to limit Federal Power over the states. Don't be fooled. Why do you think it took so long to be ratified?
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Old 12-05-2010, 04:38 PM
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Default Re: The proposed repeal amendment

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It was actually put in to limit Federal Power over the states. Don't be fooled. Why do you think it took so long to be ratified?
It took so long to be ratified because the states didn't want to give up "power". They still don't. Incorporation is a good thing, not a bad one. It was suggested and advanced by Madison. Founders intent.
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Old 12-05-2010, 06:26 PM
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Default Re: The proposed repeal amendment

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First the ERA amendment was screwed cause it's proponents had to go to each individual state level to pass it and they were up against propaganda all the way.
Just by definition, constitutional amendments--all constitutional amendments--must be passed by the "individual state[s]."

I do believe the ERA would likely have passed, had its proponents not insisted upon leaving "up to the courts" the question of how it might apply to religious organizations. Those of us who believe fervently in the doctrine of freedom of religion do not believe that a few black-robed individuals should ever have it within their power to instruct individual denominations and sects as to how they must practice their respective religions. For instance, fundamentalist sects that apply to contemporary society Paul's admonition for women to "keep silent" in the church--and that therefore reject the concept of female ministers--should remain free to practice their understanding of "that Old Time Religion," however retrograde it may (and does!) seem to me.

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Screwing the poor? To receive health care under the new laws they would have to move or do without.
Well, I remain very much opposed to ObamaCare, as you know.

But this is really not about that matter, except tangentially. Some of us are just weary of the federal government's high-handedness in recent years.

For instance, when the state of Montana (about a year-and-a-half ago, I believe) declared, through state legislation, that any firearms manufactured within its state borders that did not leave the state, could not be made subject to the Commerce Clause of the US Constitution; and could not, therefore, be regulated in any way by the feds; many of us applauded. Loudly, and without restraint.

(An addendum: Since Montana is contiguous to you home state of Idaho, you may be more familiar with this matter than I am.)
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