Justices to release audio in guns case (D.C. v. Heller)

San Luis Obispo Tribune ^ | Mar. 04, 2008 | NA

[Amendment10]

Sure, on the floor of the House, Binghan "claimed" the privileges and immunities of "citizens of the United States" were defined in the first eight amendments.

Dare we trust John Bingham, the main author of Sec. 1 of the 14th A., about what he wanted Sec. 1 to mean? Jefferson put it this way.

"The true key for the construction of everything doubtful in a law is the intention of the law-makers. This is most safely gathered from the words, but may be sought also in extraneous circumstances provided they do not contradict the express words of the law." --Thomas Jefferson to Albert Gallatin, 1808. ME 12:59

[robertpaulsen]

"Dare we trust John Bingham, the main author of Sec. 1 of the 14th A., about what he wanted Sec. 1 to mean?"

No one else did. Not Congress. Not the courts.

For the next 50 years after the ratification of the 14th amendment, nothing changed. Congress acted as though the BOR only applied to the federal government and that's how the courts continued to rule.

Bingham was also the author of Section 5, was he not? Dare we trust John Bingham, the main author of Sec. 5 of the 14th A., about what he wanted Sec. 5 to mean?

Section 5 states that Congress was to enforce the provisions of the 14th amendment through legislation -- not the courts through judicial edicts.