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Re: “RE: Gunning Down the Constitution—Kevin Gutzman Defends

it is pretty much settled historical fact that the bill of rights, pre 14th amendment only applied to the federal government. this is settled. no ifs ands or buts from any one with any real credibility on this issue. if you disagree with this, you just simply havent dont your homework in his area.

the issue then becomes does the 14th amendment apply the entire bill of rights to the states? a strict interpretation says no. it gives free slaves the rights to due process of law and the right to own property, etc. even after the passage of the 14th amendment we had various black codes forbidding firearms ownership, etc etc. if the amendment really made the bill of rights apply to the states and protected everyone, these laws just simply wouldnt of been.

a liberal interpretation of the 14th says yes, it applies the BOR to the states. there can be a possibility of good coming from a liberal interpretation of the incorporation doctrine, however it brings up a few other problems ASIDE from the discovery of a myriad of rights not even listed in the bill of rights and using this amendment to support nearly every judicial overreach they have engaged in over 100 years.

if you support the national government protecting freedom, why dont you support a world government 'protecting' freedom? the great fear of the founders was centralization.

lets remember that the natural rights theory of the founders, rightly or wrongly, never was a strict minarchist stance of only punishing mala in se. we have thomas jefferson supporting the death penalty for polygamy. we have patrick henry supporting a tax funded state church in virginia.

i dont agree with mr gutzman's view on gun control that we need all these different laws regulating various inanimate objects at the state or local level. kids owning guns could easily be addressed by parental control, for instance. i also tend to come inline with a strict libertarian stance on crime and justice. not to be confused with the founding fathers classical liberalism and political decentralization which was not as PURE as libertarianism is today.

in my you only punish those who have committed a crime. you dont punish those who MIGHT commit a crime. but i agree with mr gutzman 100% that CONSTITUTIONALLY (and with original intent) these matters were to be debated on the state and local level and not the federal level.

i dont think any serious constitutional scholar on 'our' side would disagree with this.

1 of 1 people like this.
Posted by john1776 on March 7, 2010 at 1:31 PM
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