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> You seem to ignoring the amendment process as detailed in Article V No. He's using an enumerated powers argument. He's claiming that the Federal govt can o
by anamax 17y ago
> You seem to ignoring the amendment process as detailed in Article V
No. He's using an enumerated powers argument. He's claiming that the Federal govt can only do things that were authorized by the constitution and that none of the things mentioned in the BoR were things that the Federal govt can do according.
I'm sympathetic to that argument, but the modern interpretation of the interstate commerce and general welfare clauses say otherwise.
The 14th, which isn't part of the BoR, says that states are bound in some way by something.
The first cases, which had to do with state govt officials silencing, disarming, and killing freed slaves, concluded that the states weren't bound at all by the bill of rights. That's the precedent that Chicago is pushing.
- hga 17y agoAh, yes, I should have realized that, especially as someone who considers Wickard v. Filburn (http://en.wikipedia.org/wiki/Wickard_v._Filburn http://en.wikipedia.org/wiki/Wickard_v._Filburn) a decision that will live in infamy. On the other hand, it has been argued that prior to the 14th, the 2nd Amendment ... pierced the states rights veil, you might say, although again that's a restriction on states, not individuals, akin to the requirement that they have a "Republican Form of Government" (small r republican, of course :-).