From: Jim Choate <ravage@ssz.com>
Date: Sun, 24 Aug 1997 14:31:29 +0800
To: cypherpunks@ssz.com (Cypherpunks Distributed Remailer)
Subject: Re: Reproductive Rights and State Benefits (fwd)
Message-ID: <199708240628.BAA28727@einstein.ssz.com>
MIME-Version: 1.0
Content-Type: text



Forwarded message:

> Date: Sun, 24 Aug 1997 00:58:55 -0500 (CDT)
> From: Mac Norton <mnorton@cavern.uark.edu>
> Subject: Re: Reproductive Rights and State Benefits (fwd)

> Well, quite a bit actually, as interpreted by the SCt.  It makes
> many, perhaps all, of the Bill of Rights prohibitions on Congress
> applicable to state gov'ts as well.  Art. VI, to which I think
> you refer, does not do so of its own accord.

* From the original Constitution:

Section 1.  Full Faith and Credit shall be given in each State to the 
public Acts, Records, and judicial Proceedings of every other State. And 
the Congress may by general Laws prescribe the Manner in which such Acts, 
Records and Proceedings shall be proved, and the Effect thereof. 
 
Section 2.  The Citizens of each State shall be entitled to all Privileges 
and Immunities of Citizens in the several States. 

Section 4.  The United States shall guarantee to every State in this Union 
a Republican Form of Government, and shall protect each of them against 
Invasion; and on Application of the Legislature, or of the Executive (when 
the Legislature cannot be convened) against domestic violence. 
 
	This Constitution, and the Laws of the United States which shall 
be made in Pursuance thereof; and all Treaties made, or which shall be made, 
under the Authority of the United States, shall be the supreme Law of the 
Land; and the Judges in every State shall be bound thereby, any Thing in the 
Constitution or Laws of any State to the Contrary notwithstanding. 

* The 14th:

			       ARTICLE XIV. 
 
Section 1.  All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United States 
and of the State wherein they reside.  No State shall make or enforce 
any law which shall abridge the privileges or immunities of citizens 
of the United States; nor shall any State deprive any person of life, 
liberty, or property, without due process of law; nor deny to any person 
within its jurisdiction the equal protection of the laws. 
 
Sections 2-5 deleted

* Now please be so kind as to explain the following:

-  Where in the 14th does it mention the Bill of Rights or apply them
   to the states in such a manner that is not done in the original
   Constitution?

-  Why does the last section of the last item prior to my quote of the
   14th not apply said Bill of Rights since it is clearly a part of the
   Constitution and worded much stronger than the 14th?

-  Why does section 2 above not apply considering it is copied practicaly
   word for word in the 14th and clearly equates the states under federal
   law? Especialy since the wording of section 2 is much stronger than
   the wording of the 14th?

-  Section 4 above clearly equates the states and a citizens expectation
   of equal protection under the law, how does the 14th extend this?

-  Section 1 does something even stronger than 'equal protection' as it
   forces recognition and support of each states laws by the other states
   even if a given state makes a law that makes an action in one state
   a crime in another, how does the 14th add anything to this?

-  Is your claim that the rulings of the SCt apply to citizens instead
   of being the final arbiter for government agencies? If so, how can
   this be considering that the SCt can't instigate any legal actions
   on its own but must act in a reactive manner?

-  And finaly, why should we as citizens accept the rulings of the SCt
   as the final word since we and not the federal government are the
   ones granting the power to govern? Add to this that Constitutionaly
   the role of the SCt is to limit Congress and not the citizenry.


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