Daryl Hunt
Your Worst Nightmare
- Banned
- #821
Okay, Brilliant one, show me one court case, arrest or anything else that the Bill of Rights has affected in the History of the United States? Just one.
US v Miller
The ruling was under the 2nd amendment of the US Constitution of the United States ratified 2 years prior to the Bill of Rights. All the bill of rights did was to make a couple of Delegates feel good. It was just a word for word copy of the first 10 amendments of the Constitution, nothing more. So, no, US v Miller used the 2nd amendment of the Constitution as precedence not the bill of rights. The bill of rights has no legal force behind it.
I do not believe that is accurate.
While some states did ratify the Constitution before the Bill of Rights was finished, so that then the Bill of Rights were amendments added to the back of the Constitution instead of being at the very front where they should be, the first 10 amendment are none the less an integral part of the Constitution. These 10 amendment were and will always be known as the Bill of Rights.
{...
Constitutional Convention
Once independence had been declared in 1776, the American states turned immediately to the writing of state constitutions and state bills of rights. In Williamsburg, George Mason was the principal architect of Virginia's Declaration of Rights. That document, which wove Lockean notions of natural rights with concrete protections against specific abuses, was the model for bills of rights in other states and, ultimately, for the federal Bill of Rights. (Mason’s declaration was also influential in the framing, in 1789, of France’s Declaration of Rights of Man and the Citizen).
In 1787, at the Constitutional Convention in Philadelphia, Mason remarked that he “wished the plan had been prefaced by a Bill of Rights.” Elbridge Gerry moved for the appointment of a committee to prepare such a bill, but the delegates, without debate, defeated the motion. They did not oppose the principle of a bill of rights; they simply thought it unnecessary, in light of the theory that the new federal government would be one of enumerated powers only. Some of the Framers were also skeptical of the utility of what James Madison called “parchment barriers” against majorities; they looked, for protection, to structural arrangements such as separation of powers and checks and balances.
Constitution after its ratification. Only by making such a pledge were the Constitution’s supporters able to achieve ratification in such closely divided states as New York and Virginia.
Madison Drafts Amendments
In the First Congress, Madison undertook to fulfill his promise. Carefully sifting amendments from proposals made in the state ratifying conventions, Madison steered his project through the shoals of indifference on the part of some members (who thought the House had more important work to do) and outright hostility on the part of others (Antifederalists who hoped for a second convention to hobble the powers of the federal government). In September 1789 the House and Senate accepted a conference report laying out the language of proposed amendments to the Constitution.
Within six months of the time the amendments–the Bill of Rights–had been submitted to the states, nine had ratified them. Two more states were needed; Virginia’s ratification, on December 15, 1791, made the Bill of Rights part of the Constitution. (Ten amendments were ratified; two others, dealing with the number of representatives and with the compensation of senators and representatives, were not.)
On their face, it is obvious that the amendments apply to actions by the federal government, not to actions by the states. In 1833, in Barron v. Baltimore, Chief Justice John Marshall confirmed that understanding. Barron had sued the city for damage to a wharf, resting his claim on the Fifth Amendment’s requirement that private property not be taken for public use “without just compensation.” Marshall ruled that the Fifth Amendment was intended “solely as a limitation on the exercise of power by the government of the United States, and is not applicable to the legislation of the states.”
...}
https://www.history.com/topics/united-states-constitution/bill-of-rights
You make it sound like an after thought, and that is not true.
Many people and many states always wanted a Bill of Rights first, and many states would never have signed onto the Constitution if it had not contained a Bill of Rights. And even those that did sign on before the Bill of Rights were penned, only did so on the verbal guarantee there would be a Bill of Rights.
Again, when something is not right, it's "Unconstitutional" not "UnBillofrightable". The Bill of Rights has no legal standings and cannot be used in any conviction of any kind nor any reference for a defense.
That's not true. Defendants have used the Amendments as a defense against the prosecution violating their rights. The rights specifically outlin d in the Amendments. They have won many of those cases and had charges dropped specifically because the state was found to have violated those rights. If the rights had no legal standing then the defendant would have not been able to use them and the courts would not have used them to determine that the rights were violated.
Did they say that it was "Unconstitutional" or was it "Unbillofrightable" in the rulings? You keep squirming around that. Which is it?