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NormanS
Premium,MVM
join:2001-02-14
San Jose, CA
 ·Pacific Bell - SBC
| reply to amigo_boy
Re: AT&T ,,, your money, delivered to the fund raisers
But what, about my post, didn't mention the extension of Constitutional protection, or control, or whatever you want to call it, to the states? Must I requote my comment?
quote:
...and, with one of the "Reconstruction" amendments, typically considered to apply to state governments, as well.
What did I miss, that I failed to convey exactly what you said I didn't?
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum | |
amigo_boy
join:2005-07-22
Tempe, AZ
 ·Cox HSI
 ·magicjack.com
| reply to NormanS
said by NormanS  :said by amigo_boy :In 1866 the 14th amendment was passed to extend the Bill of Rights against state infringement... Re: my remark about "Reconstruction amendments". Look that term up some time. There were three, of which 14 was one. I'm very familiar with the 13th though 15th amendments. The 14th amendment was the one that extended the Bill of Rights to state (and by implication) private or organizational infringement. It's a matter of semantics because, although the 14th amendment didn't give the federal government jurisdiction over private/organizational infringement, it gave them jurisdiction over the state that didn't take action over such municipal, private or organizational infringement. It's indirect.
Mark | |
NormanS
Premium,MVM
join:2001-02-14
San Jose, CA
·Pacific Bell - SBC
| reply to amigo_boy
said by amigo_boy :In 1866 the 14th amendment was passed to extend the Bill of Rights against state infringement... Re: my remark about "Reconstruction amendments". Look that term up some time. There were three, of which 14 was one.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum | |
amigo_boy
join:2005-07-22
Tempe, AZ
·Cox HSI
·magicjack.com
| reply to NormanS
said by NormanS :"They" being whom? I don't think that anybody, except a government agency (i.e., the NSA), can "violate" an amendment. The U.S. Constitution, including its amendments, applies to the U.S. Government; and, with one of the "Reconstruction" amendments, typically considered to apply to state governments, as well. That's not entirely true. You're right that the Bill of Rights originally was only a bar against Congressional infringement. In 1866 the 14th amendment was passed to extend the Bill of Rights against state infringement (who were essentially reinstituting slavery by denying rights to freed slaves, either by passage of "Jim Crow" laws, or simply turning a blind eye to private violence against blacks.
The intent of the framers of the 14th was to protect recently freed slaves from state laws recreating slavery. But, by implication it also extended to local laws (not nullified by the state), or private violence that went unpunished by state or local officials.
The intent of the 14th amendment wasn't recognized by the Supreme Court until the mid 1920s when they began what became known as "selective incorporation" of the Bill of Rights into the 14th amendment.
Mark | |
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