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To: Amendment10

Nice job of quoting John Bingham out of context.

Here, for example, is the rest of the paragraph you culled your first quote from:

“The adoption of the proposed amendment will take from the States no rights that belong to the States. They elect their Legislatures; they enact their laws for the punishment of crimes against life, liberty, or property; but in the event of the adoption of this amendment, if they conspire together to enact laws refusing equal protection to life, liberty, or property, the Congress is thereby vested with power to hold them to answer before the bar of the national courts for the violation of their oaths and of the rights of their fellow-men. Why should it not be so? That is the question. Why should it not be so? Is the bill of rights to stand in our Constitution hereafter, as in the past five years within eleven States, a mere dead letter? It is absolutely essential to the safety of the people that it should be enforced.”

In other words, Bingham intended the Fourteenth Amendment to empower the federal government to enforce state compliance with the full Bill of Rights. He said that his proposed amendment wouldn’t take away any states’ “rights” (probably he should really have said “powers”) because he didn’t think state governments had any legitimate authority to violate the Bill of Rights in the first place.


38 posted on 01/30/2008 11:17:22 AM PST by TheGhostOfTomPaine
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To: TheGhostOfTomPaine

I don’t think that we’re on the same sheet of music. Given that I basically agree with what you said, do you mind restating your point in different words since you were evidently trying to refute a point that I made?


39 posted on 01/30/2008 1:16:56 PM PST by Amendment10
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