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U.S. Constitution
See other U.S. Constitution Articles

Title: The passing of CallliiProp. 63 is a violation of Section 1 of the 14th Amendment i
Source: email
URL Source: [None]
Published: Nov 14, 2016
Author: email
Post Date: 2016-11-14 20:11:21 by tpaine
Keywords: None
Views: 6611
Comments: 27

ll

The passing of California bill 63 is a violation of Section 1 of the 14th Amendment.

14th Amendment, 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 [emphasis added]; 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.

Note that the congressional record shows that John Bingham, the main author of Section 1, had included the 2nd Amendment in his official examples of amendments that 14A applied to the states. (See middle area of 2nd column of referenced page.)

"Mr. Speaker, that the scope and meaning of the limitations imposed by the first section, fourteenth amendment of the Constitution may be more fully understood, permit me to say that the privileges and immunities of citizens of the United States, as contradistinguished from citizens of a State, are chiefly defined in the first eight amendments to the Constitution of the United States." — John Bingham, Appendix to the Congressional Globe

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Begin Trace Mode for Comment # 9.

#4. To: tpaine (#0)

The passing of California bill 63 is a violation of Section 1 of the 14th Amendment.

Yet you still willingly live there and reward your states government by paying some of the highest property tax rates in the country... buy hey, you liberal douche bags got recreational weed. Now when you're all bummed that you can't own guns, you can get really fucking high. lol

That's makes you a retard.

GrandIsland  posted on  2016-11-14   22:43:45 ET  Reply   Untrace   Trace   Private Reply  


#9. To: GrandIsland and all the rest of his retard buddies (#4)

That the passing of California bill 63 is a violation of Section 1 of the 14th Amendment, -- is made quite evident by the further postings above.

To say that those who still willingly live in California "reward your states government by paying some of the highest property tax rates in the country... and hey, you liberal douche bags got recreational weed. Now when you're all bummed that you can't own guns, you can get really fucking high. lol" --- makes GrandIsland a retard.

tpaine  posted on  2016-11-15   7:19:16 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 9.

#14. To: tpaine, GrandIsland, civilwarbuff (#9)

That the passing of California bill 63 is a violation of Section 1 of the 14th Amendment, -- is made quite evident by the further postings above.

Just the opposite. My posts show that the citation of John Bingham is just repurposed, irrelevant birther blather.

Moreover, NO argument has been advanced about what element of Proposition 63 (not a legislative bill) violates some unidentified provision of Section 1 of the 14th Amendment. The due process clause or the privileges and immunities clause would appear to be the primary suspect.

The 14th Amendment states, "no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."

2nd Amendment

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

14th Amendment

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.

The right to keep and bear arms is neither a privilege nor immunity gained by virtue of United States (federal) citizenship. It was a common law right of the people before formation of the United States government, and the people explicitly restrained the Federal government from infringing upon that pre-existing right.

Law Dictionary, 2nd Edition, Stephen H. Gifis

PRIVILEGES AND IMMUNITIES the phrase used in the Fourteenth Amendment to the Constitution to describe the rights that citizens of the United States have by virtue of their citizenship. These rights derive from the establishment and existence of the federal government and thus were assumed to exist prior to the enactment of the Fourteenth Amendment. That provision makes it clear that the federal government may protect such rights from state as well as individual denials. Privileges and immunities include the right to travel. 73 U. S. (6 Wall.) 35: the right to vote in federal elections. 313 U.S. 299: the right to assemble to petition federal officers and to discuss national legislation,92 U.S. 542, and any other personal right arising out of federal statutes. 83 U.S. (16 Wall.) 36: 112 U. S. 76. Such rights are to be distinguished from those that exist regardless of the federal government, such as the right to assembly or of jury trial. 92 U.S. 542: 92 U.S. 90; 176 U.S. 581. See generally. Antieau, Modern Constitutional Law §§9:8, 9:9 (1969).

The right to keep and bear arms clearly is not derived from the establishment and existence of the federal government, nor is it a right that arose out of federal statutes.

nor shall any state deprive any person of life, liberty, or property, without due process of law

This provision permits the specified deprivations with due process of law. It does not prohibit a law providing for a deprivation, or establishing what process is due within the State effecting such deprivation.

Black's Law Dictionary, 6th Ed.

Due process of law. Law in its regular course of administration through courts of justice. Due process of law in each particular case means such an exercise of the powers of the government as the settled maxims law permit and sanction, and under such safeguards of the protection of individual rights as those maxims prescribe for the class of cases to which the one question belongs. A course of legal proceedings according to those rules and principles which have been established in our systems of jurisprudence for the enforcement and protection of private rights. To give such proceedings any validity, there must be a tribunal competent by its constitution—that is, by the law of creation—to pass upon the subject-matter of the suit and, if that involves merely a determination of the personal liability of the defendant, he must be brought within its jurisdiction by service of process within state, or his voluntary appearance. Pennoyer v. Neff 95 U.S. 733, 24 L.Ed. 565. Due process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law.

An orderly proceeding wherein a person is served with notice, actual or constructive, and has an opportunity be heard and to enforce and protect his rights before a court having power to hear and determine the case. Kazubowski v. Kazubowski, 45 I11.2d 405, 259 N.E. 2nd 282, 290. Phrase means that no person shall be deprived of life, liberty, property or of any right granted him by statute, unless matter involved first shall been adjudicated against him upon trial conducted according to established rules regulating judicial proceedings, and it forbids condemnation without a hearing. Pettit v. Penn, La.App., 180 So.2d 66, 69. The concept of "due process of law" as it is embodied in Fifth Amendment demands that a law shall not be unreasonable, arbitrary, or capricious and that the means selected shall have a reasonable and substantial relation to the object being sought. U. S. v. Smith, D.C.Iowa 249 F.Supp. 515, 516. Fundamental requisite of "due process" is the opportunity to be heard, to be aware matter is pending, to make an informed choice whether to acquiesce or contest, and to assert before the apropriate decision-making body the reasons for such choice. Trinity Episcopal Corp. v. Romney, D.C.N.Y F.Supp. 1044, 1084. Aside from all else, "due process" means fundamental fairness and substantial justice. Vaughn v. State, 3 Tenn.Crim.App. 54, 456 S.W.2d 879, 883. Embodied in the due process concept are the basic rights of a defendant in criminal proceedings and the requisites for a fair trial. These rights and require­ments have been expanded by Supreme Court decisions and include, timely notice of a hearing or trial which informs the accused of the charges against him or her; the opportunity to confront accusers and to present evidence on one's own behalf before an impartial jury or judge; the presumption of innocence under which guilt must be proven by legally obtained evidence and the verdict must be supported by the evidence presented; the right of an accused to be warned of constitutional rights at the earliest stage of the criminal process; protection against self-incrimination; assistance of coun­sel at every critical stage of the criminal process; and the guarantee that an individual will not be tried more than once for the same offense (double jeopardy).

See also Procedural due process; Substantive due pro­cess.

Due process rights. All rights which are of such funda­mental importance as to require compliance with due process standards of fairness and justice. Procedural and substantive rights of citizens against government actions that threaten the denial of life, liberty, or prop­erty. See Due process of law.

And as long as the full section one of the 14th Amendment has been quoted, including the citizenship clause, it should be noted that John Bingham was not the author of the citizenship clause. That was introduced by Senator Jacob Howard in the Senate as an amendment.

nolu chan  posted on  2016-11-15 18:12:24 ET  Reply   Untrace   Trace   Private Reply  


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