serious question here.

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  • Johnny C

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    If the role of the constitution is to limit the power of the federal government and not the state governments, then the constitutionality of state laws doesn't matter.

    True or false, and why?
     

    Kirk Freeman

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    If the role of the constitution is to limit the power of the federal government and not the state governments, then the constitutionality of state laws doesn't matter.

    True or false, and why?

    False. Even before the 14 Amendment as Jim rightly notes, there are some things the states are not permitted to do even BEFORE the Civil War.

    States cannot--

    Article I, §10: treaties, grant letters of Marque, coin money, issues credit money, Bills of Attainder, expost facto, screw with contracts and grant titles of Nobility.
     

    T.Lex

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    If the role of the constitution is to limit the power of the federal government and not the state governments, then the constitutionality of state laws doesn't matter.

    True or false, and why?

    Wait.

    What do you want the answer to be?
     

    Kirk Freeman

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    If the role of the constitution is to limit the power of the federal government and not the state governments, then the constitutionality of state laws doesn't matter.

    True or false, and why?

    The whole "The Bill of Rights does not apply to the States" nonsense was created from whole clothe to prevent African-Americans from exercising civil rights antebellum.

    The States, looooong before the 14th Amendment, were applying the Bill of Rights to themselves. Most famously for the gun culture in the Nunn v. Joejah decision.

    No. 36.--Hawkins H. Nunn vs. The State of Georgia.
     

    T.Lex

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    Can't we just put on our tweed jackets and have a discussion? Must there be a fight?

    Well, I'm game either way.:D

    You guys took the easy way, with all your $20 words and fancy cases. Going off half-cocked, if you ask me. Before we even know what the real issue is! :D
     

    HoughMade

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    You guys took the easy way, with all your $20 words and fancy cases. Going off half-cocked, if you ask me. Before we even know what the real issue is! :D

    According to my wife, if I didn't go off half cocked, I'd never go off.

    And I should have been more specific. I was assuming we were talking about the Bill of Rights.
     

    T.Lex

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    According to my wife, if I didn't go off half cocked, I'd never go off.

    Interesting. She never mentioned that to me. ;)

    And I should have been more specific. I was assuming we were talking about the Bill of Rights.

    And again, I think we need more info about the OP's original intent to really decide this issue.

    :D
     

    Johnny C

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    Wait.

    What do you want the answer to be?

    I want the answer to be the right answer.

    I see all these posts all over the interwebz stating the constitution is to limit federal power... then the "shall not be infringed" posts and just wondered if the shall not be infringed also applied to the states.
     

    T.Lex

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    I want the answer to be the right answer.

    I see all these posts all over the interwebz stating the constitution is to limit federal power... then the "shall not be infringed" posts and just wondered if the shall not be infringed also applied to the states.

    [sigh]

    There goes the fun.

    Although, I think we can intuit where our friend has been spending some free time on the internets.
     

    rhino

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    This topic is what happens when a guppy jumps into a pool and doesn't realize there's a school of sharks in there already.
     

    T.Lex

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    This topic is what happens when a guppy jumps into a pool and doesn't realize there's a school of sharks in there already.

    Hey - we DVR'd a bunch of Shark Week stuff. How about a spoiler alert next time.

    ;)
     

    Kirk Freeman

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    I want the answer to be the right answer.

    I see all these posts all over the interwebz stating the constitution is to limit federal power... then the "shall not be infringed" posts and just wondered if the shall not be infringed also applied to the states.

    Embrace the power of AND, my friend.

    It is a limit on both forms of government, federal and state.

    As to the Bill of Rights, it depends. While the First Amendment was held to be federal (Congress shall make no), other rights such as the Second were applied to the States as natural rights.

    I would start reading here: https://lonang.com/library/reference/story-commentaries-us-constitution/

    Joseph Story, 1779-1845, Justice of the United States Supreme Court. Best known for his commentaries on the Constitution.
     

    HoughMade

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    I...just wondered if the shall not be infringed also applied to the states.

    Yes. In reality, probably for as long as there has been a 2d Amendment. Explicitly ever since McDonald v. City of Chicago from 2010. Other amendments were incorporated explicitly (made applicable to the states through the 14th amendment) much earlier, like right after that amendment was ratified.

    This topic is what happens when a guppy jumps into a pool and doesn't realize there's a school of sharks in there already.

    Let's not forget that the first post in response was a relatively serious, but wholly legitimate, answer to the question.
     
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