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Right to Lynch Shall Not Be Infringed

Discussion in 'Politics, Elections & Legislation' started by Bushmaster1313, Nov 25, 2009.

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  1. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    Tough words, but they aptly describe the Liberal position in the McDonald v. Chicago 2nd Amendment case.

    In the aftermath of the Civil War Congress enacted the 14th Amendment to among other things enable the Federal government to protect freed slaves from being lynched and to bring state officials responsible for lynching to justice.

    Unfortunately, in what may have been its lowest moment, the Supreme Court ruled in 1875 in United States v. Cruikshank that the Bill of Rights and other Federal Law could not be used to prosecute persons responsible for disarming and killing between 150 to 200 black people outside the Courthouse in Colfax, Louisiana.

    Now the Supreme Court has taken a case (McDonald) which allows it to reconsider whether the 2nd Amendment in general and the Bill of Rights in particular is enforceable against the States.

    The Liberals have staked out the low ground which says that the Bill of Rights was not made applicable to the States by the Privileges and Immunities clause of the 14th Amendment.

    Seems like the Liberals want to make sure that today's Supreme Court reaffirms the travesty of the 1875 Jim Crow decision (Cruikshank) which held that the Bill of Rights does not infringe on the right to lynch.
     
  2. ScottM

    ScottM TS Member

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    Bushmaster1313 and in a freakish bit of irony the NAACP is arguing against incorporation by either the due process clause or the P&I clause.

    Scott Murphy
     
  3. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    Scot:

    The NAACP says that IF the Supreme Court is to apply the 2nd to the States it should first consider doing so under Due Process not Privileges and Immunities.

    Must be that the Due Process Clause would let Liberal Judges gut the Second.

    The NAACP not supporting the Bill of Rights is sort of like having them ask to have Plessy and Dred Scot reinstated!
     
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