Before the 14th amendment, the constitution did not PRIMARILY apply to states, except for about 6 issues (diplomacy, post office, army, interstate trade barriers, gold & silver coin standards, patents).
Information from http://constitutionmythbuster.com/2011/07/28/did-the-14th-amendment-really-incorporate-the-bill-of-rights/
The Myth The Fourteenth Amendment incorporated the Bill of Rights down to the State and local level. This granted the Supreme Court the power to strike down any State and local law it feels violates the Bill of Rights. The Truth It is only possible to make the case that the 14th Amendment extended the Bill of Rights down to the State and local level if you distort the plain meaning of the amendment as understood by those that wrote it and ratified it. This distortion must be so great that it violates many of the fundamental philosophies the Constitutional was based on . The Supreme Court has been engaging in exactly this level and type of distortion ever since the 1940s when it began implementing the doctrine of incorporation. Through this doctrine of incorporation the nine unelected justices that make up the Supreme Court have completely re-written the Constitution and Bill of Rights. They have done this by distorting the meaning of these documents so much they now mean nearly the opposite now than they did when written and ratified. The Facts James Madison was the only author of the Bill of Rights that wanted any of those amendments to apply to the States. His draft of the First Amendment specifically restrained the States but this version was struck down by the senate. The Bill of Rights did not apply to the States when the final version was passed by both houses of congress and was ratified by the States. The Bill of Rights did not apply to the States when the Fourteenth Amendment was passed and ratified. The Bill of Rights now applies to the States because the Supreme Court distorted the meaning of the Fourteenth Amendment many decades after it was ratified. |
So, what exactly IS prohibited from the States??
Lastly, bear in mind, that Bill Of Rights #9 and #10 PROHIBIT the Feds from any power not enumerated to it in Article 1, AND PRESERVE everything not prohibited for The Peoples and The States.
More reading
http://constitutions.vlex.com/vid/section-powers-denied-to-the-states-295833

No comments:
Post a Comment
Note: Only a member of this blog may post a comment.