Posted: 5/7/2014 9:28:22 AM EDT
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http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/05/07/kurt-lash-guest-blogging-the-new-orleans-riot-of-1866-and-the-public-understanding-of-the-fourteenth-amendment/
1866 Riot in New Orleans helped precipitate media backing of 14th and it's privileges and immunities and backing of the Bill of Rights against States. |
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Arfcom hates the 14th Amendment. Now you've gone and done it.
ETA: From the article, this is Arfcom's view: For example, as conservative commentator S.S. Nicholas ruefully wrote not long after Congress adopted the proposed Fourteenth Amendment: The bill of rights, or what are termed the guaranties of liberty, contained in the Federal Constitution, have none of them any sort of application to or bearing upon the State governments, but are solely prohibitions or restrictions upon the Federal Government. The recent attempt in Congress to treat them as guaranties against the State governments, with an accompanying incidental power to enforce the guaranties, is a surprising evidence of stolid ignorance of Constitutional law, or of a shameless effort to impose upon the ignorant. |
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Quoted:
Arfcom hates the 14th Amendment. Now you've gone and done it. ETA: From the article, this is Arfcom's view: For example, as conservative commentator S.S. Nicholas ruefully wrote not long after Congress adopted the proposed Fourteenth Amendment: The bill of rights, or what are termed the guaranties of liberty, contained in the Federal Constitution, have none of them any sort of application to or bearing upon the State governments, but are solely prohibitions or restrictions upon the Federal Government. The recent attempt in Congress to treat them as guaranties against the State governments, with an accompanying incidental power to enforce the guaranties, is a surprising evidence of stolid ignorance of Constitutional law, or of a shameless effort to impose upon the ignorant. Yeah, that struck me as something I've heard before. Imposing the Bill of Rights on the States....unthinkable.... 
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Quoted:
Yeah, that struck me as something I've heard before. Imposing the Bill of Rights on the States....unthinkable....
I, for one, long for the pre-1960s era where the 4th Amendment didn't apply to the state. http://en.wikipedia.org/wiki/Mapp_v._Ohio On May 23, 1957, police officers in a Cleveland, Ohio suburb received information that a suspect in a bombing case, as well as some illegal betting equipment, might be found in the home of Dollree Mapp. Three officers went to the home and asked for permission to enter, but Mapp refused to admit them without a search warrant. Two officers left, and one remained. Three hours later, the two returned with several other officers. Brandishing a random piece of paper, they broke in the door. Mapp asked to see the “warrant” and took it from an officer, putting it in her dress. The officers struggled with Mapp and took the fake warrant away from her. They handcuffed her for being “belligerent.” The police did not find the bombing suspect or the betting equipment.[1][2] They did find pornographic material in a trunk that a previous tenant had left behind.[3] She was arrested, prosecuted, and found guilty for possession of pornographic material. |