14th amendment

Discussion in 'Off-topic' started by Thorsen, Aug 27, 2007.

  1. Thorsen

    Thorsen New Member

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    Can someone who knows about this subject help educate me? I know that the 14th amendment only selectively applies the bill of rights to the states and that not all of the bill of rights are incorporated into the states, but I don't know why. Why does it require a SC decision to incorporate each of these natural rights when it appears, to me at least, that the 14th amendment was very clear on intending to do so via constitutional amendment.

    What exactly am I overlooking here?
     
  2. wsweeks2

    wsweeks2 New Member

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    Very good question.
     

  3. fallison

    fallison Guest

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    My guess is that the sheeple of this country have allowed things to get to the point where the Constitution has no meaning unyil the courts say it does and that whatever the courts say it means is excepted as gospel truth, even if it makes absolutely no sense compared to the actual text.
     
  4. Ashe

    Ashe Active Member

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    Do you mean the 10th Amendment? The 14th Amendment pertains to Due Process and Citizenship.
     
  5. Thorsen

    Thorsen New Member

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    No I meant the 14th and its priviledges and immunities clause, although the due process clause seems to get the most play out of this amendment. After asking different people and getting different answers from them all, to include a professor of law and a professor of political science, I did some research on my own.

    A good starting place was this website, although after reading it I realized that over a hundred years after the amendment there is still considerable debate over what the amendment even means, to include if incorporation of any US constitutinal right even should be incorporated by the 14th amendment.

    I guess if Supreme Court Justices can be confused over the amendment and have vastly different opinions conerning it, I shouldn't expect to completely understand it myself.

    Right?

    :?
     
  6. GAGunOwner

    GAGunOwner Active Member

    I believe that there has to be a case addressing each amendment for incorporation via the 14th amendment, before that happpens the amendment does not apply to state action. This is why currently the 2nd amendment does not apply to the states because there has never been such an incorporation case.

    The SCOTUS can't just rule by fiat, they have to have a case that addresses a constitutional issue and then incorporate it. See: Gideon v. Wainright or Mapp v. Ohio.

    There are even some of the amendments that have only been half incorprated, half of it applies to the states and half does not.
     
  7. GAGunOwner

    GAGunOwner Active Member

    Did a little googling...

    Here's a good example. The 5th amendment applies to the states but not the part about a right to an indictment by a grand jury.
     
  8. GAGunOwner

    GAGunOwner Active Member

    Look over this whole page:

    http://en.wikipedia.org/wiki/Incorporat ... _of_Rights)

    Here's an interesting excerpt:

     
  9. fallison

    fallison Guest

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    My argument stands. Either the Constitution is the supreme law of the land in which case, if incorporation is written in to the 14th ammendment, it applies upon ratification. If we have to wait for a SCOTUS ruling, then we are no longer ruled by a constitution, we are ruled by nine black robes. This is what we have fallen to. Instead of having inalienable rights, granted by our Creator, as envisioned by the founders, we have priviledges granted by the all-powerful SC.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Baltimore v. Maryland, 1833. This Supreme Court case held that the bill of rights was only effective against Congress, and not the states.

    This is how we ended up with outrageous decisions like Cruikshank (run a search here for that name).
     
  11. wsweeks2

    wsweeks2 New Member

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    :evil: