On Sat, 9 Jun 2001 CeejEngine@aol.com wrote:
Right, reading it literally. But the supreme court has interpreted the "due process" clause to include rights granted under the bill of rights (using the incorperation doctrine). I know it isn't in the 14th itself, but the way the court has interpreted it has given it this meaning. Look at New York v. Griswold (i think) for a good example of this. The court applied unreasonable search and siezure to a state using the 14th. The same goes for free speech.
The Bill of Rights actually grants no rights, it only limits what the government may do with respect to defining/restricting them. See 9'th and 10'th. It in effect sets out a list of prohibitions of things that can't/shouldn't be done. I challenge you to find a single 'assignment' sentence in the first 10 amendments. With respect to the laws of the states, the Constitution only(!) stipulates that the federals must guarantee them to be representative. It says nothing about the actual form/function so implimented. [Image] Bill of Rights page THE FIRST 10 AMENDMENTS TO THE CONSTITUTION AS RATIFIED BY THE STATES Note: The following text is a transcription of the first 10 amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights." Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Amendment II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Amendment III No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law. Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Amendments 11-27 ---------------------------------------------------------------------------- Note: The capitalization and punctuation in this version is from the enrolled original of the Joint Resolution of Congress proposing the Bill of Rights, which is on permanent display in the Rotunda of the National Archives Building, Washington, D.C. ---------------------------------------------------------------------------- National Archives and Records Administration home page URL: http://www.nara.gov/exhall/charters/billrights/billrights.html webmaster@nara.gov Last Modified on February 16, 2001 -- ____________________________________________________________________ "...where annual election ends, tyranny begins;" Thomas Jefferson & Samuel Adams The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------