Real0ne -> RE: What the "new" interpretation of the Bill of Rights. (6/6/2016 10:39:06 PM)
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ORIGINAL: vincentML quote:
We have been assured time after time that ''the people" means the states. May I have a cite for that assurance? Thank you. (123 u. s. 131) THE ANARCHISTS' CASE.1 Ex parte SPIES and others. (October 2 J, 1887.) ERROR, WRIT OF—FROM UNITED STATES SUPREME COURT—MOTION IN OPEN COURT. That the first 10 articles of amendment were not intended to limit the powers of the state governments in respect to their own people, but to operate on the national government alone, was decided more than a half century ago, and that decision has been steadily adhered to since. Barron v. Baltimore., 7 Pet. 243, 247; Livingston v. Moore, Id. 469, 552; Fox v. Ohio, 5 How 410, 434; Smith v. Maryland, 18 How. 71, 76; Withers v. Buckley, 20 How. 84, 91; Percear v. Com., 5 Wall. 475, 479; Twitchell v. Com., 7 Wall. 321. 325; Justices v. Murray, 9 Wall. 274, 278; Edwards v. Elliott, 21 Wall. 532, 557; Walker v. Sauvinet, 92 U. S. 90; U. 8. v. Cruiksiiank, Id. 542, 552; Pearson v. Tewdall, 95 U. S. 294, 296; Davidson v. New Orleans, 96 U. S. 97, 101; Kelly v. Pittsburgh, 104 U. S. 79; Presser v. Illinois, 116 U. S. 252, 265, 6 Sup. Ct. Rep. 580. It was contended, however, in argument, that, "though originally the first ten amendments were adopted as limitations on federal power, yet, in so far as they secure and recognize fundamental rights—common-law rights—of the man, they make them privileges and immunities of the man as a citizen of the United States, and cannot now be abridged by a state under the fourteenth amendment. In other words, while the ten amendments as limitations on power only apply to the federal government, and not to the states, yet in so far as they declare or recognize rights of persons, these rights are theirs, as citizens of the United States, and the fourteenth amendment as to such 'rights limits state power, as the ten amendments had limited federal power." It is also contended that the provision of the fourteenth amendment, which declares that no state shall deprive "any person of life, liberty, or property without due process of law," implies that every person charged with crime in a state shall be entitled to a trial by an impartial jury, and shall not be compelled to testify against himself. The objections are, in brief, (1) that a statute of the state as construed by the court deprived the petitioners of a trial by an impartial jury; and (2) that Spies was compelled to give evidence against himself. Before considering whether the constitution of the United States has the effect which is claimed, it is proper to inquire whether the federal questions relied on in fact do arise on the face of this record. and: We the People? or We the States? Patrick Henry, June 4, 1788 I have the highest veneration for those gentlemen; but, sir, give me leave to demand, What right had they to say, We, the people? My political curiosity, exclusive of my anxious solicitude for the public welfare, leads me to ask, Who authorized them to speak the language of, We, the people, instead of, We, the states? States are the characteristics and the soul of a confederation. If the states be not the agents of this compact, it must be one great, consolidated, national government, of the people of all the states. I have the highest respect for those gentlemen who formed the Convention, and, were some of them not here, I would express some testimonial of esteem for them. America had, on a former occasion, put the utmost confidence in them--a confidence which was well placed; and I am sure, sir, I would give up any thing to them; I would cheerfully confide in them as my representatives. But, sir, on this great occasion, I would demand the cause of their conduct. Even from that illustrious man who saved us by his valor [George Washington], I would have a reason for his conduct: that liberty which he has given us by his valor, tells me to ask this reason; and sure I am, were he here, he would give us that reason. But there are other gentlemen here, who can give us this information. The people gave them no power to use their name. That they exceeded their power is perfectly clear. It is not mere curiosity that actuates me: I wish to hear the real, actual, existing danger, which should lead us to take those steps, so dangerous in my conception. Disorders have arisen in other parts of America; but here, sir, no dangers, no insurrection or tumult have happened; every thing has been calm and tranquil. But, notwithstanding this, we are wandering on the great ocean of human affairs. I see no landmark to guide us. We are running we know not whither. Difference of opinion has gone to a degree of inflammatory resentment in different parts of the country, which has been occasioned by this perilous innovation. The federal Convention ought to have amended the old system; for this purpose they were solely delegated; the object of their mission extended to no other consideration. They 'illegally' converted our rights of the man (flesh and blood) to privileges of a pseudonym [citizen], meaning no longer above as originally intiended but 'under'. They had no authority to do that. Henry called bullshit, he saw what was going down, the separation of the gubblemint from the people by illegal conversion right back to the way it was beofre the revolution. Enjoy
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