@oralloy,
OmSigDAVID wrote:Do u accept the reasoning of Barron v. Baltimore??
I sure don't; it was an insult to the intelligence
and contrary to common understanding at the time.
In any case, it was repudiated by Section 1 of the 14th Amendment,
with overthrowing the Barron case explicitly in mind.
We know this from the mouth of its author,
Representative John Bingham testifying in Congress March 31st, 1871.
oralloy wrote:I'm not very familiar with the case,
The
Barron case 32 U.S. (7 Pet.) 243 (1833),
is the one wherein the USSC repudiated the Bill of Rights,
except insofar as it restrains the federal government,
leaving the citizens exposed to any tyrannical abuses from
State or local governments,
despite the text of the Bill of Rights itself.
In effect, in
Barron the USSC assumes that
the Constitution does
NOT mean what it says in plain writing;
it means whatever the USSC
SAYS that it says.
This was rejected and overthrown by Section 1 of the 14th Amendment,
but the USSC fought back with
The Slaughterhouse cases 83 U.S. 36 (1873).
essentially restoring the despised
Barron v. Baltimore.
