In a nutshell, the We the People (heh) Act would be the first step in rolling back the incorporation doctrine.
Essentially, with limited exception none of the Constitution’s provisions, the Bill of Rights in particular, apply to the states. Setting a state religion, banning all guns, vesting the police with the authority to search you and your premises with impunity, etc. would all be within the purview of the states (barring any state constitutional provision).
The idea that ‘people are afraid of untested ideas’ aptly demonstrates the limitations and general analytical handicaps of the majority of Paul/LaRouche fans. The overall inability to critically analyze or think various proposals through distinguishes them from those who can do so, and utterly reject unsound, dangerous, and abhorrent policy proposals.
Again, a clock factory overrun by madmen will have some that occasionally display the correct time. However, the ruins are easy enough to see by those who tend to laugh at the naked emperor.
I know there is a selective reading syndrome on these boards when it comes to the Comstitution, but since when does the first amendment apply to the states?
Interestingly, for all of his states’ right talk, Ron Paul does want to ban states from allowing union shops. He’s been a consistent cosponsor of a national “right to work” law. I guess states beating up their citizens for having sex or going to the wrong church is a-okay, but having to join a union or pay a fair-share fee? That’s just too much, and the federal government has to stop that abuse.
July 9th, 1868. ETA: Which the federal court system recognized piecemeal between 1925 and 1947. It’s the law of the land now. Deal with it. Maybe the court decisions were wrong, but oh well, stare decisis is on my side, not yours.
Correct. Judicial review is neither prohibited nor mandated in the Constitution. Those powers not expressed in the Constitution go to the states.
The 10th amendment guarantees this. Therefore state nullification is the check on federal power. Jefferson in his Kentucky Resolution and Madison, father of the Constitution, in his Virginia Resolutions concur with me.
“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”
“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution.”
Jefferson agreed with nullification and state supremacy until he was president. Then he stopped believing in it. Later he went back to believing.
Not only can I find a quote from a Founding Father on any side of any subject, I can find a quote from any particular Founding Father on any side of any subject. They argued with a system that was still in development, not with the developed system that exists today.
What the Founding Fathers thought is not an argument. It’s like citing the Bible. People cherry pick whatever quote they want to make a point without showing any understanding of the whole. Selective reading indeed!
When did Jefferson change his mind on this? So I guess your view represents understanding of the whole while a more strict interpretation lacks understanding
It’s an excuse for reading the document and words from people instrumental in it’s creation in order to gain an understanding of their intentions.
Is that wrong? I mean say you find a letter and can’t read it. You’re with two people. One wrote the letter and one didn’t. Who do you ask to interpret it?
Everything’s open to interpretation. Everyone I’ve met who claims to believe in a “strict interpretation” of the constitution and/or the FF’s intentions is picking and choosing things and interpreting them in the way they choose. Heck, I did that when I was a young and foolish libertarian.
And even if we could unambiguously divine the FF’s intent, so what? They weren’t omniscient. Even if we agree that they created the best possible government for their time, things have changed. It’s ridiculous to cling to some glorious past, and even more so when that glorious past is totally made up.