This will promptly be overturned by the "new" SCOTUS after Obama gets to appoint a couple more very liberal justices. I wouldn't get too excited about this.
This will promptly be overturned by the "new" SCOTUS after Obama gets to appoint a couple more very liberal justices. I wouldn't get too excited about this.
Stella - my best girl ever.
11/04/1994 - 12/23/2010
Don't wanna get shot by the police?
"Stop Resisting Arrest!"
In this case, it's "..shall not be infringed."
However, none of this applied to state action until the passage of the 14th Amendment. There was actually a SCOTUS case from 1830 or so, over some Baltimore city ordinance or another, which held that the BoR only restrained the Federal government.
You would be talking about Barron v City of Baltimore, in which Chief Justice Marshall delivered the majority opinion and stated that the Fifth Amendment did not apply to the states, but to the central government only.
He goes on to say...the fifth amendment must be understood as restraining the power of the general government, not as applicable to the states. In their several constitutions, they have imposed such restrictions on their respective governments, as their own wisdom suggested; such as they deemed most proper for themselves.
In almost every convention by which the constitution was adopted, amendments to guard against the abuse of power were recommended. These amendments demanded security against the apprehended encroachments of the general government-not against those of the local governments. In compliance with a sentiment thus generally expressed, to quiet fears thus extensively entertained, amendments were proposed by the required majority in congress, and adopted by the states. These amendments contain no expression indicating an intention to apply them to the state governments. This court cannot so apply them.
Last edited by Sharpienads; 12-11-2012 at 21:46.
Kyle
Girlscouts? Hmmm, I don't know... I think it's kinda dangerous to teach young girls self esteem and leadership skills.