jillian
Princess
I don't know what to tell you or anyone else whose entire premise is based on and out of context quote by Hamilton in a document written for the state of New York. Federalist No. 78 only regarded the seperation of powers in the context of the congress of the United States.
Says you. Hamilton says differently:
Federalist Paper 78 said:The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
With your own quote of the Federalist Papers reaffirming the same point: that the judiciary should put the constitution above legislative statutes that violate it.
You say differently. You're nobody. Hamilton wins.
[quote
The substantive due process did not exist in the 19th century and the Bill of Rights were not incorporated with the Fourteenth Amendment and it was twentieth century activist courts that created the concept.
The 14th amendment wasn't even ratified until nearly 1870. So your reference to the '19th century' and the 14th amendment is already nearly 70% irrelevant.
The courts ignored the intent of the primary proponents of the 14th amendment from the 1870s to the 1890s. From about 1900 until the present day, they recognized the purpose of the 14th amendment as being the application of the bill of rights to the States.
Which is *exactly* what Bingham and Howard said it was to do.
Judicial precedent affirming the 14th amendment's application to the States has existed for about 115 years. It was rejected for about 30. Meaning that the weight of judicial precedent affirms the current interpretation by a ratio of about 4 to 1.
Worse for you, the current interpretation is aligned with the intent of the writers of the 14th, which was clearly to apply the Bill of Rights to the States.
You lose utterly. Twice. There's a reason your interpretations are legally irrelevant and have no bearing on the outcome of Obergefell or any other case the court is hearing.
You simply don't know what you're talking about.
Anyone can draw any conclusion they want it they start with a premise, go to Google, and work backwards to find an out of context quote to support their worldview.
If it was as easy as you claim, you'd have done it. You already tried....and failed comically. As we both know my conclusions are in context and accurately conveyed.
Try again. Remembering of course that I have the rulings, Papers, Bingham and Howard quotes right here that contradict your fallacious paraphrases and vague allusions o 'being out of context'.
The Fourteenth Amendment started in 1866 and was ratified in 1868.
Which might explain why the courts didn't apply the 14th amendment BEFORE 1868....or during the overwhelming majority of the 19th century.
They applied an interpretation that ignored Bingham and Howard for about 30 years. Then, starting in around 1900, began applying the amendment in a manner consistent with its intent: to Apply the Bill of Rights to the States.
And have done so ever since, for the last 115 years or so. The weight of precedent contradicting out out strips what you think supports you by a factor of nearly 4 to 1.
With the court's current interpretation inline with the intent of the primary proponents of the 14th amendment: the application of Bill of Rights to the States.
The courts did not ignore anything. The courts used the intent and they use procedural due process of the Fourteenth Amendment.
Sure they did. They argued, straight out, that the 14th amendment wasn't meant to apply the Bill of Rights to the States. When Bingham and Howard made it ludicrously clear that that was exactly what the 14th amendment was designed to do.
For crying out loud, Howard actually took the time to read the Bill of Rights, amendment by amendment, as what the 14th was intended to apply to the States when he introduced the amendment to the Senate.
It wasn't until 1900 that the courts returned to what the primary proponents of the 14th amendment obviously intended. And we've been there ever since.
30 years......to 115 years. With the 115 years matching the intent of the amendment.
You lose again. Twice.
I am sure you do have every out of context quote by Bingham and Howard at your disposal.
Laughing...anything that contradicts you you insist is 'out of context'. Despite you being laughably unable to establish any other context than the one I presented.
You're alluding to an argument you can't factually support. While ignoring the evidence that explicitly contradicts you. Like say, Federalist Paper 78.....which makes it ludicriously clear that its the role of the judiciary to interpret the meaning of the constitution and place the constitution above legislative acts that violate it.
Federalist 78 said:The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
Good luck with all that when you write your next law
Just because you have no idea what you're talking about doesn't make the Federalist Papers disappear. Or Obergefell, Bingham, Howard, of the 14th amendment magically change.
review or write your next appellate brief. And be sure to use that unsophisticated and jenjune rhetoric of yours, it will alert the court or review that you have superior knowledge of the Constitution. They look for things such as that.
Laughing....um, slick? My interpretations ARE the court's interpretations. As Obegefell makes ludicriously clear:
Obergefell v. Hodges said:These considerations lead to the conclusion that the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty.
But you insist that the Supreme Court is wrong, and you're right?
Make sure to include that in your next appellant brief. I'm sure the judges will get a good belly laugh. And please, misspell 'jejune' again when you do it. Its like frosting on your fail cake.
the federalist papers are not law. and what hamilton set forth was his opinion and that opinion certainly came into conflict with jefferson's vision.
conversely, supreme court decisions are law.
the high court is the final arbiter of the interpretation of the constitution.
see: Marbury v Madison, and its sequelae