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To: tacticalogic
"Would those be the rights of the States as intended by those that wrote the Constitution, or the rights of the States as they would have been intended by you if you had written it?"

Eliminate the Due Process Clause of the 14th amendment and you'll know what I mean.

State constitutions and state laws prevail unless superceded by constitutional federal law. That is what the Founding Fathers had in mind when they wrote the Constitution and established federalism.

I know that makes a centrist like yourself uncomfortable. You'd like one set of laws, one set of protected rights, and you get to interpret what they all mean for every American.

Quote me any Founding Father that said that was the goal.

58 posted on 08/31/2005 7:49:33 AM PDT by robertpaulsen
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To: robertpaulsen
Eliminate the Due Process Clause of the 14th amendment and you'll know what I mean.

I already know what you mean, I just don't agree with it.

State constitutions and state laws prevail unless superceded by constitutional federal law. That is what the Founding Fathers had in mind when they wrote the Constitution and established federalism.

There we need a little clarification. What exactly do you mean by "constitutional law". Is it whatever the Supreme Court says it is, reagardless of whatever penumbras and emanations they find to base it on? Or is it law that is objectively defensible as being within the original intent of the Founders, based on their supporting writings? I go by the second one. What say you?

I know that makes a centrist like yourself uncomfortable. You'd like one set of laws, one set of protected rights, and you get to interpret what they all mean for every American.

"Centrist"? Meaningless drivel. Center of what?

Furthermore, I don't "get" to interpret anything. All I can do is examine the available evidence and follow where it leads, making a conscious effort to set aside my own preconceptions about what the words of the Constitution mean.

I believe all conservatives would agree that you cannot correctly interpret the Constitution unless you assume the words and phrases to have the meanings and intent held by those who wrote it.

Quote me any Founding Father that said that was the goal.

Now, be nice. You're starting to sound busted, hateful old sophist.

62 posted on 08/31/2005 6:13:25 PM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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