Yes, I've always agreed with that. What I don't agree with is the view that the federal government (at least pre-14th amendment) was given the power to keep states in line in that regard.
And your point is? - Do you agree we have fundamental rights that cannot be violated by any level of government?
50 tpaine
Yes, I've always agreed with that.
What I don't agree with is the view that the federal government (at least pre-14th amendment) was given the power to keep states in line in that regard.
-inquest-
Why is this USSC protection of fundamental rights a 'problem'?
-- I always end up asking 'states rightists' this same question..
As Roland summarized:
"Federal courts should not accept jurisdiction of state civil rights cases unless or until all recourse within the state courts has been exhausted, but it should accept jurisdiction over appropriate cases involving any of the rights recognized in the Bill of Rights after that has occurred, and extend all of those protections to cases between a citizen and his state.
Especially important are the protections of the Second Amendment, the right to a grand jury of the Fifth, and the right not to have state officials or their agents exercise undelegated powers."
Barron v. Baltimore, 32 U.S. 243 (1833)
Address:
http://www.constitution.org/ussc/032-243jr.htm Changed:5:44 AM on Wednesday, December 31, 2003