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>> zero confidence that today we'd have public education, social security, Neither of which should be federal programs. It has no business being at the federa
by phpisthebest 3y ago
>> zero confidence that today we'd have public education, social security,
Neither of which should be federal programs. It has no business being at the federal level.
>>or freedom from religion.
It was not until the Civil War really the passage of the 14th amendment that the Bill of right even applied at the state level, that is why each state has their own Constitution.
In fact federal constitution implicitly did not bar States from supporting religion, the "separation" as it were was intended to only be for the federal government leaving each state to choose for themselves if they wanted to be secular or not (most did desire that anyway) however the federal government was to powerless to force a religion on any state, but also power less to prevent it.
the Civil War and 14th amendment forever upended the role of the federal government in State Affairs.
>>I'd be terrified if we had to relitigate the Bill of Rights
Hamilton as not in favor of the Bill of Rights[1], in fact has now be proven correct in his fears. he thought that the Bill of rights would become something it was never intended to be, that the people would view it as a complete list of rights the government as granted the people. A complete inversion of how the constitution is suppose to work. Often times the case law authorizing these new powers dive into the nuances of the "bill of rights" proving Hamilton correct when he said that men disposed to usurp power would use the Bill of Rights to expand government power beyond its authorized remit
For example since Article 1 Section 8 of the US Constitution does not grant the authority for the federal government to regulate Education then the government should have no power to create the Dept of Education yet they find all kinds of ways do things they are not actually empowered to do
>>.changed the method of election over the course of the past 200-odd years
yes for the worse, we have progress more to a centralized democracy with power consolidated into a single federal government. Moving away from the Republican form of government our founders established.
https://press-pubs.uchicago.edu/founders/documents/bill_of_rightss7.html https://press-pubs.uchicago.edu/founders/documents/bill_of_r... [1]
>> I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colourable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? -- Alexander Hamiton
- mixdup 3y agoNow who is appealing to dead guys?