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- เผยแพร่เมื่อ 6 ต.ค. 2024
- The First Amendment begins with "Congress shall make no law," yet today we routinely see its protections and others in the Bill of Rights applied not only to acts of Congress but also state laws. In this lecture, Dr. Lindsay Robertson explains how the Bill of Rights has been gradually incorporated to extend its protections to individuals against state governments.
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These are such great lectures. Thank you for publishing.
what about the supremacy clause??? doesn't that incorporate the bill of rights and the Constitution into every state, being that it is the supreme law of the land??? then, the 9th, being for the rights of the people??? and finally the 10th for the states rights???
#1 is the people's rights come first, being that they are inalienable and inherent, no form of government can violate them... and only by the consent of the governed can they do anything... no authority without the allowance by The People...
#2 is the Constitution and Bill of Rights is to restrict the forms of governments from encroaching on the rights of the people.. and to regulate interstate commerce, and international commerce and treaties...
#3 is the states rights to govern commerce within the states, and settle disputes within the states...
not to regulate the lives of the people, but to assure everyone equal protection of rights and property for rich and poor alike...
Yes, I think the speaker ignores the supremacy clause. The Bill of Rights have always applied to "the people." He is right that the Supreme Court has treated the Constitution like it is a flexible document, but he fails to mention that the Supreme Court's flexibility was not in line with the meaning of the Constitution and has led to some very bad decisions.
@@twc9000 exactly. For restricting them. Not a people.
The Constitution does not apply to US citizens.
@@officialjunot So it's for limited Governments to leave people alone and do business as a total people helper. Why all the monstrous overloarding we ran away from ? We need to rid the brainwashing at school Programming about what most think then ! I have PhD's that do not know most of what goes on in all secret money, admiralty, maritime......law merchant one way supposed contracts...on and on. They do not want to listen because it's fraudulent really, to hand you paper that you have no clue what sneaking up on you and handing you paper is about..😂
The federal Bill of Rights was written with the explicit understanding that it would not apply to the States. James Madison proposed an amendment to incorporate parts of the Bill of Rights and it was outright rejected by Congress. Thomas Jefferson explained in 1804 that the Bill of Rights did not apply to the States, nearly 30 years before the Supreme Court made its ruling (September 11 letter to Abigail Adams). The preamble to the Bill of Rights also makes it abundantly clear - its purpose was merely to "prevent misconstruction or abuse" of the federal government's powers, not the States'.
In another sense, the entirety of the Bill of Rights can be summed up by the 10th Amendment. The central government has no powers except those which are delegated. All other powers are left exclusively to the States. Is there a delegated power to restrict free speech, establish religion, or infringe the right to bear arms? No. The first and second amendments are simply a list of some of the powers which are definitely *not* delegated to the federal government. Each State already had its own Bill of Rights. So why would it make sense to make yet another one? It's because the *federal* government didn't have one.
Using the due process clause to defend incorporation is an impossible argument. The speaker here, didn't even address why the deprivation of liberty was found to be beyond due process. According to New York's criminal anarchy law, in all likelihood this was indeed done by due process of New York state law.
Maybe courts need to judge the rights of the authority of the peoples inaleinable rights over government actions and the peoples control by a jury of the peoples
If Barron was the first great holding of federal exceptionalism in constitutional law, what was the prevailing order of feds vs states before 1833?
Barron v. Baltimore simply affirmed the universal understanding of the framers that the Bill of Rights didn't apply to the States. Thomas Jefferson explained to Abigail Adams in a letter from September 11, 1804, that the Bill of Rights applied only to the federal government and not to the States.
Well Said.
Why are states incorporated with the United States (Washington DC)?
Seems as though we have double-speak on an incorporation v to incorporate into. As they do for $. Collections and eating out our substance, through their excessive bonds. For wars and their own gvt run departments.
To control commerce of legal entities in the corporate states. This is by regulation and taxation. Only the people born in the constitutional state have the right to be free (under no legal restraint) if they choose to understand what is going on a secure this status.
Right now the corporate governments are bringing in communism through their public policy.
@@24revealer facts
th-cam.com/video/u8KMFl0s838/w-d-xo.html
Ok so I recently learned why a federal reserve dollar bill doesn’t equal a silver dollar… So I only have a high school education… And if I have learned this then obviously a lot of people must of already known this. Up to and including the people that get their paychecks from the working class.. And yet do nothing about this. In the Bible it talks about eating the flesh of your children.. And this is what it is talking about…
And we live in such a corrupt world. That God does not bless a country with unrighteousness..
Funny how the people with money think they don’t need God.. They think they can rewrite history to suit their needs…
But if you understand the Bible you understand WTF is going on..
To what extent have states ignored incorporation?
Does that happen any at all, and extends from that?
Didn't ignore but embraced company search on Dunn and Bradstreet one can locate the corporate state, corporate town municipal government even the local police department all for profit corporation along with the "federal corporation" UNITED STATES
Sorry wrong interpretation of question
what if a foreign person become a citizen of the States (U.S.A.) and at some point it is acused of ... using against the subject false evidece loosing the citizenship gov. taking back his citizenship later own supreme court restoring the truth and find the person not guilty. who the person should go against =taking in court wh: the US government for defamation?
I want the direct information I don't want a drawn out story
Okay. Originally the Bill of Rights only applied to the federal government and not the States. This was upheld unanimously by Barron v. Baltimore (1833). Then in 1925 the Supreme Court used a vague phrase in the 14th Amendment to rule that parts of the Bill of Rights now apply to the States.
They do what we do in this country they sue 😂😂
THANK YOU PRESIDENT TRUMP AGAIN YOU STOOD FOR US PEOPEL WHILE WE WERE STUPID TO ALOT OF THINGS, GOD BLESS YOU
He signed a document putting this country an extra 9 trillion dollars in debt. And he's going to make you pay for it.
Trump is not on our side. He is part of the corporation. Every president since Lincoln is part of it. Republican or Democrat; same f’ing thing! Two wings of the same bird.