Should Constitutional principles of legal rights apply only in courts of law??

98cwitr

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1. Yes. And typically those amendments explicitly restricts the congress, not the state legislatures.

2. Yes most of the bill of rights in that ratified constitution explicitly restrict congress, no the state legislatures.

3. Yes, this required later findings, post civil war, amendment by amendment, that some of them incorporated to the state level. This was not a feature of the constitution from the get go, which makes sense because the constitution was not written that way.

I think we're talking past one another at this point. Bottomline, the state legislatures cannot violate the bill of rights. It's got nothing to do with federal Congress, as you continue to purport. Doing so violates the rights of all American citizens within California's borders. Case in point, a federal judge just ruled California's assault weapons ban as unConsitutional: Newsom slams judge who overturned California's assault weapons ban as state appeals ruling
 
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durangodawood

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I think we're talking past one another at this point. Bottomline, the state legislatures cannot violate the bill of rights. It's got nothing to do with federal Congress, as you continue to purport. Doing so violates the rights of all American citizens within California's borders. Case in point, a federal judge just ruled California's assault weapons ban as unConsitutional: Newsom slams judge who overturned California's assault weapons ban as state appeals ruling
Yes of course. The bill of rights has been incorporated to the states. I admitted that. But thats not the way it was designed, and took until after the civil war for the the court to decide it should be the case, based on due process reasoning in the 14the amdmnt.

My original question to you was: how do you justify the incorporation of the bill of rights to the states, because as I noted, its not in the text at all.
 
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98cwitr

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Yes of course. The bill of rights has been incorporated to the states. I admitted that. But thats not the way it was designed, and took until after the civil war for the the court to decide it should be the case, based on due process reasoning in the 14the amdmnt.

My original question to you was: how do you justify the incorporation of the bill of rights to the states, because as I noted, its not in the text at all.

But it is in the text, which I quoted. If the US Consitution is the supreme law of the land, then what is contained within it supersedes any law passed by the State if the two were to conflict. California is basically saying: I am recognizing that our government is subject to the US Constitution (which in turn contains the Supremacy Clause). Therefore, any attempt for any state to infringe upon the rights of its own citizens in conflict with the US Constitution has violated it's own Constitution.
 
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com7fy8

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eyewitness testimony is among the least reliable forms of evidence. How many prisoners have been convicted by eyewitnesses, only to be later exonerated by forensic evidence?
In my case, I have seen people who look like people I know. This has happened enough so I would be very concerned about being called as a court witness. And many times I have seen someone and talked with the person and later had no clue who the person is, but the person knows me. This happens even with people I already know, and once with someone who mugged me and we met later in a men's hotel > I think he was the one, anyway. He tried to help me to remember him, without coming right out with it.

There is another thing - - if you know what you are seeing. I have found it quite interesting to ask people, and let them speak for themselves, about why they do something. I can have paranoid stuff, critical stuff, going on in my mind; but I have possibly been getting wise to this and when it is what's going on. And so, I might go talk with the person and simply ask the person what he or she means or why the person did something. And the answers I get seem to unique, that no way could the person just make it up :)

Every person is unique, not a clone of what I might have been somehow conditioned to see people to be. I can profile anyone, but I can pray and take time to discover each one.
 
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