I have been recently shocked to learn that not all of the protections we presently enjoy against the federal government in the Bill of Rights have never been fully incorporated into state law. Meaning, some of the freedoms we assume we all enjoy under the Bill of Rights may be taken away from us by state law. This is totally unconscionable. What good is it to have a federal right to bears arms, only to have them taken away by state agents?
Full incorporation of the protections of the Bill of Rights
Tags: bill of rights
Comments (7)
They are supposed to be incorporated in the 14th. It is another judicial cheat to pretend that they are not.
Like Bail.
They are protected under the Tenth, although Judge Sotomayor does not seem to agree. See DC vs Heller - DC can not ban guns under federal law. Louisiana and many other states are passing legislation reaffirming their rights under the Tenth. I am sure the Supreme Court will slap that down though.
Someone has lied to you, probably a lawyer.
It was the States that ratified the Constitution that created the federal Government.
Just who do you think "the people" are in the Bill of Rights?
Article the third [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.
Article the fourth [Amendment II][4]
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.
Article the fifth [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.
Article the sixth [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.
Article the seventh [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.
Article the eighth [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.
Article the ninth [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 re-examined in any Court of the United States, than according to the rules of the common law.
Article the tenth [Amendment VIII]
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Article the eleventh [Amendment IX]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Article the twelfth [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.
Nope.
Someone has lied to you. See
http://en.wikipedia.org/wiki/Incorporation_(Bill_of_Rights)
ex animo
davidfarrar
I agree with davidfarrar. The states all ratified the Bill of Rights. Without it our Constitution would not have passed at all.
To change the Bill of Rights or the Constitution a 2/3 of all states must agree. It is a uion of states who have a government contract with the people.
Yes..the present administration forgets that concept. They want their own rules and goals so they ignore it.
Many states such as Illinois have their own Constitution and Rights.
An American citizen should be entitled to full constitutional protection ANYWHERE in the USA. Any state or local law to the contrary should be thrown out!