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To: phi11yguy19

“Well then I guess these amendments are ‘hubristic’ in your book?
1st - Congress shall make no law...
2nd - ...shall not be infringed.
4th - ...shall not be violated...”

You’re better than that. I don’t for a moment believe you don’t understand my argument, or wouldn’t if you stopped steamrolling through arguments. Declaring Congress shall make no law restricting this or that, that the right to keep and bear arms shall not be infringed, and that the right to be free from unwarranted searches and seizures shall not be violated does not bring you into conflict with any other part of the Constitution. Declaring no amnedments can be made on a particular subject does bring you into conflict with the ability to pass amendments, as outlined in Article 5. If you can still pass amendments, you can pass an amendment to overturn the no amendments amendment.

Actually, the Bill of Rights is in logical conflict with the rest of the Constitution, which has it that the federal government can’t do what it hasn’t been empowered to do. Since Congress was never given the power to regulate speech, it doesn’t make any sense to deny them that power. Madison raised this particular objection when they were proposed. But practicality, in the form of quieting (perceptive) anti-federalists, and emotion, in the form of the Bill of Rights just feeling right, won out.

So, in a way, you’re right. They too are flawed. Not in the same way, though, and certainly not to the extent of, the Corwin amendment.

“i remember one of your buddies arguing Lincoln was not an abolitionist not long ago.”

I don’t know who that was, nor its context. Obviously, he wasn’t an abolitionist to begin with, and never was one in the John Brown sense. But what else can you call someone who issued the EP and pushed for the 13th amendment?


901 posted on 05/02/2011 4:09:18 PM PDT by Tublecane
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To: Tublecane
Declaring no amnedments can be made on a particular subject does bring you into conflict with the ability to pass amendments

Really? So your argument is that since Congress can make no amendment to restrict speech, religion, press or assembly that they have no ability to pass amendments??? If you want to make a point, choose your words carefully, because all you're doing is contradicting yourself.

Since Congress was never given the power to regulate speech, it doesn’t make any sense to deny them that power.

So...where was Congress given the power to regulate slavery or secession thus justifying Lincoln's war? If nothing, what does justify his arming forts in seceded lands or the emancipation? I agree 100% that the bill of rights wasn't "necessary" legally, but it clearly was emotionally, practically and logistically as history has shown. You think we've have the right to arm ourselves if not for the 2nd amendment? Is it a shame they didn't add additional "unnecessary" amendments on banking, education, agriculture, medical care, old age "insurance", etc. or are those encroachments on states rights as well? Your buds seem to disagree about the "implied rights issue.

Sorry, it wasn't Bubba. It was popdonnely - whoever that was who has since left
917 posted on 05/02/2011 6:19:07 PM PDT by phi11yguy19
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