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The Founders intended the Bill of Rights to only apply as a limitation on the Federal Government. It was not suppose to apply to the States - and it never did apply to the States until Federal Courts misused the 14th Amendment to extend Federal control and usurp State power and sovereignty under the made up doctrine of "incorporation."
That's funny.
I won't even get into the whole 13/14th amendment issues here, but I will say this, when the founders wrote the bill of rights and specifically the second amendment, they said "... the right of the people to keep and bear arms shall not be infringed." They really meant that it is ok for states to infringe those rights, just not the Feds. In the same vain, the 4th amendment only protects people from the federal government, the state however can go into anyone's house and search at their leisure.
I just browsed through the California State Constitution.
I could find no mention of any "right to keep and bear arms".
If it is there, would somebody please point it out to me?
If it isn't there, that's just another reason for me to NEVER move to California!
Of course, for SOME people, that would be a GOOD reason TO move there!
There is truth to that. By that arguement there is no reason a federal court should be able to override a state's definition of what marriage is. Yet, the right to keep and bear arms is affirmed in the constitution. Homosexual marriage...not so much.
"Homosexual marriage" is covered by the Equal Protection Clause of the 14th Amendment.
Has a state ever legally been allowed to throw you in prison simply because they did not care for what you said?
I'm not familiar with the Freedom of Speech provisions found in all 50 State Constitutions, so I can't really answer that questions. I can tell you that until 1925 the the Freedom of Speech protection of the 1st Amendment did not apply to the States.
The Founders intended the Bill of Rights to only apply as a limitation on the Federal Government. It was not suppose to apply to the States - and it never did apply to the States until Federal Courts misused the 14th Amendment to extend Federal control and usurp State power and sovereignty under the made up doctrine of "incorporation."
Total baloney. "Incorporation" is baloney (I agree with you on that), and so is the idea that the Second Amendment doesn't apply to State government. The First Amendment talks about what Congress can't do; the Second Amendment is in the passive voice with no implied subject: "shall not be infringed".
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