serious question here.

[breakingcontact]

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?

I'm tracking the first part, but not the second.

 

[rhino]

Amidst a little light-heartedness, answers were given that clearly explain why the U.S. Constitution applies to the states. There is even citation to authority and directions to additional reading for anyone who is interested.

Honestly, I don’t know what the panty bunching is about.

Indeed. I launched my topic drift after the question was thoroughly answered.

 

[Kirk Freeman]

Do not expect any sort of logic or consistency in the legal history of incorporation of the BoR in this country. It was done piecemeal over more than 100 years and largely by the dictates of convenience and politics.

I maintain that if the 14th amendment applies the Bill of Rights to the states, it should say something like "the first eight amendments to the constitution now apply to the states". That however, is ancient history though, unless we are talking about grand jury, petit jury, excessive fines, and a number of other truly procedural rights which really strangely do not apply to the states.

First paragraph, agreed.

Second paragraph, I believe the legislative history of the intent of the Framers is clear.

 

[Johnny C]

My origional question has been answered. Thanks guys.
Signed...The Guppy :^)

 

[Kirk Freeman]

I think that means he approves of my rhino-mocking. Let's leave it at that.

 

[Fargo]

First paragraph, agreed..

Second paragraph, I believe the legislative history of the intent of the Framers is clear.

What Bingham wanted is not really at contention, the words that were actually ratified by Congress and the states are just very different from what Bingham stated. In my opinion, this was almost certainly because he and the other framers knew there was no way that even the northern states would ratify the amendment in a form which surrendered so much of their sovereignty to the federal judiciary.

IMO he was banking on the Supreme Court interpreting the words to mean something very different than what they meant at face value, his gambit failed for a time at least.