To: Nanodik
What good would this amendment be since, at the time of the constitution, 99.9% of criminal cases would have been tried in state courts?State constitutions already had protections such as those. The purpose of the Bill of Rights in the federal Constitution was to keep federal powers in line (as state constitutions kept state powers in line). The preamble to the Bill of Rights explains this.
45 posted on
01/01/2004 12:41:38 PM PST by
inquest
(The only problem with partisanship is that it leads to bipartisanship)
To: inquest
inquest wrote:
State constitutions already had protections such as those.
States have always violated our constitution. See #43 & read the link:
Commentary by Jon Roland:
" --- we can see Barron as a decision like that of Dred Scott, intended to avoid a rupture among the states.
At the time the rights recognized in the Bill of Rights were being violated by state courts in the slave states, which is what laid the basis for the 14th Amendment following the Civil War.
We can see Barron as an attempt to evade a confrontation.
Barron was wrongly decided, and needs to be overturned.
47 posted on
01/01/2004 12:55:28 PM PST by
tpaine
(I'm trying to be 'Mr Nice Guy', but FRs flying monkey squad brings out me devils. Happy New Year!)
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