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View Full Version : Civil Liberties: 14th Amendment Concerns- Any Definitive Threads Reconciling this Issue?




Johncjackson
01-10-2012, 06:01 PM
Let me preface this with: I fully support Ron Paul politically, regardless. I would say the 14th Amendment issue is really the only disagreement I have and is dependent on interpretation, but based on what is accepted interpretation I would say I disagree. Also I would not characterize myself as a big "States Rights" advocate, but I am a long-time libertarian.

I have seen some discussion, but mostly it's just bashing back and forth against critics who seem to be jumping to conclusions about Paul, without really defending the substance.

Briefly:

The Supreme Court has consistently ruled that the Bill of Rights ( for the most part) apply only to the federal government ( "The Congress") and do not apply to the states. Really the only time they have been applied to a state/local case is through clauses of the 14th. I can't remember the specific recent case, all the conservatives ruled on the side of individual freedom, but only Thomas wants to apply the Bill of Rights to the States. All the others base their decisions on the 14th.

SO, is it Ron Paul's opinion that the 14th should be repealed, and/but the Bill of Rights should apply to the states- OR that the 14th should be repealed and that the Bill of Rights should only apply to Fed govt ( otherwise it would be a violation of States Rights?)? and that all rights on the local level could only be protected by the State Constitutions?

I understand that people are hostile toward the critics implying Paul does not fully support civil liberties because of this view, but in reality it seems any repeal of the 14th would somewhat support that view in the absence of something else ( supporting rights) being established.

Has this been covered here somewhere?