To further understand how the liberal agenda works consider the Second Amendment case D.C. v. Heller decided in 2010. Liberals created all this precedent under the Warren Court that the Bill of Rights applies to the states. However, in Heller, the liberals of the Court voted against applying the Second Amendment rights to the states. Why? Because they do not like guns and want states to enforce gun control. Heller won by a narrow 5-4 decision to apply the Second Amendment to the states. Of course, maybe liberals are confused. In a presidential debate, Hillary Clinton, stated rejecting Heller was about keeping guns out of the hands of children. Heller was not about that, it was about whether gun rights in the Second Amendment applied to the states. Liberals have a way of introducing imaginary information into a case such as substantive due process. Liberals have no issue freeing guilty violent criminals with their decisions, but all the sudden they grow a conscience for gun rights. That is not how it works. The Citizens United case is another classic example of liberal hypocrisy. In this First Amendment case the court ruled that corporations, individuals, organizations, and groups can donate as much money to elections as they want based on the freedom of speech. In the past there was a cap or limit to campaign contributions. Liberals argue that corporations are not people and that money is not free speech. However, liberals helped push the precedent that corporations are people and applying the Bill of Rights not only to the states, but to show that the right of free speech includes freedom of expression starting with Stromberg and to further include cases such as flag burning. And money is used to express a person’s free speech more than anything on the planet to buy gifts and things people like.
The most damning evidence against incorporation of the Bill of Rights to the states is the history of the Bill of Rights. First, Frankfurter is right, if the framers of the Fourteenth Amendment wanted the Bill of Rights to apply to the states, they had a really bad way of saying it. In Federalist 84 Hamilton argues against a Bill of Rights: A bill of rights is not needed for the Constitution since many individual and state rights are built into the Constitution such as not allowing a suspension of a writ of habeas corpus. Besides, Hamilton argues that by adding a bill of rights “they would contain various exceptions to powers not granted”. “Why declare that things shall not be done which is no power to do?” Hamilton further argues in Federalist 83 that many individual rights are already included in state constitutions and law such as trial by jury. He claims there is no trial by jury in the Constitution since each state has varying and unique interpretations on the subject such as some states allow trial by jury for criminal cases but not for civil ones and vice versa. State individual rights and laws were fair because they did not want what England did to them to ever occur again. In most cases, state rights were more stringent than the federal Bill of Rights.
I am not completely opposed to applying the Bill of Rights to the states, however it is never enough when it comes to liberal interpretations and they do not stop there. Once the Bill of Rights applied to the states they continued with new personal interpretations of the law using what is called substantive due process to make up new rights. That is what I disagree with.
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