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To: andyk
There is no Article I Section 8 authority under the constitution for Congress to pass any such law regulating what you've suggested. If the state or local municipality wishes to do so with zoning laws or otherwise, under their state constitution, then they have every right.

Look, I don't want to start a flame war with you, but you don't have a clue what you're talking about. The Bill of Rights applies equally to the Federal governement as it does the State governments, therefore your whole premise is flawed.

769 posted on 10/04/2005 5:47:27 PM PDT by sola_fide (Anti-intellectualism is just as dangerous as elitism.)
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To: sola_fide; andyk
The Bill of Rights applies equally to the Federal governement as it does the State governments, therefore your whole premise is flawed.

I need to correct this statement just a tad. The Bill of Rights does not apply equally to the Feds and States, but almost equally. FYI, the genesis of this was Gitlow v. New York case in 1925 for anyone who's interested.

Of course, andyk will argue that this was just an illustration of judicial activism. Then again, I doubt he's ever thought through what would happen if states could ignore the First Amendement whenever a majority decided to do so. Don't think that would happen in the US? Well, I don't want to find out. Seems to me there's a sect in Utah that would love to establish a state religion - but I digress.

773 posted on 10/04/2005 5:56:35 PM PDT by sola_fide (Anti-intellectualism is just as dangerous as elitism.)
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To: sola_fide
Look, I don't want to start a flame war with you, but you don't have a clue what you're talking about. The Bill of Rights applies equally to the Federal governement as it does the State governments, therefore your whole premise is flawed.

With your attitude, yeah, you do want to start a flame war. You're talking about incorporation, and not only is it a bunch of BS inasmuch as the 14th amendment is concerned, but it has not been applied to the entire Bill of Rights. So, you don't have a clue what you're talking about. Tell me what premise is flawed. Please.
865 posted on 10/05/2005 8:06:05 AM PDT by andyk (Go Matt Kenseth!)
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