But I know you won't. --- Be ashamed.

Today's slaughter in Orlando should make you rethink your support for States having the power to ignore our 2nd Amendment rights, -- in that 50 people died, unable to defend themselves.

Factually stating the law as it actually exists, rather than spouting ridiculous bullshit as you do, neither supports nor oppose a law.

You should rethink your support for the 14th Amendment which provides a basis for Federally enforced gay marriage and boys showering with girls, and girls showering with boys. But why should yukon/tpaine object to that?

You are obviously desperate to change the topic of conversation as you have no answers for your predicament.

Your #114 did not respond to #113.

Can you name a single Supreme Court justice in the past 183 years, preferably who opined on the issue, whose court opinions are worthy of your respect?

It appears you cannot. Not one Supreme Court justice can equal your legal expertise and meet your standards. And you can't just pick one at random because you do not know what they said.

Because of your bad case of arseface,

I understand you are trying to figure out if I shoved your bullshit down your throat or up your ass.

And you are still hiding from #40

#40. To: tpaine (#39)

Read below: --- "on a presentment or indictment".

Read below: --- "on a presentment or indictment"

Read again stupid: "Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury,"

States use neither a presentment nor an indictment of a grand jury.

A grand jury is required for a Federal felony prosecution but not for a State prosecution. Get your head out of your ass.

Learn what a presentment is dumbshit.

Black's Law Dictionary, 6th Edition

Presentment. The written notice taken by a grand jury of any offense, from their own knowledge or observation without any bill of indictment laid before them at the suit of the government. A presentment is an accusation, initiated by the grand jury itself, and in effect instruction that an indictment be drawn. U.S. v. Briggs, C.A.Fla., 514 F.2d 794, 804. A written accusation of crime made and returned by the grand jury upon its own initiative in the exercise of its lawful inquisitorial powers, is in the form of a bill of indictment, and in practice is signed individually by all the grand jurors who return it. See State v. Hudson, 487 Tenn.Cr.Ap S.W.2d 672, 674. See also Indictment; Information; Presenter.

States don't ignore it; -- they are empowered to use their own version of 'a presentment'.

Perhaps you should take a remedial course in reading comprehension?

No, you are too ignorant of the law to know what a presentment is, and too lazy to look up a legal term you do not know. You blather on only to prove to the world that you have no clue what you are talking about.

For a major Federal crime, a grand jury is mandatory per the 5th Amendment. For a State prosecution is is not, depending on State law. Most states use an information, with no grand jury presentment or indictment involved, as no grand jury is involved.

How can that be if the 5th Amendment applies to the States?

nolu chan  posted on  2016-05-24   18:38:37 ET  Reply   Trace   Private Reply

*** C R I C K E T S *** IGNORED at #43, #51, #56, and #59.

Were you are too ignorant of the law to know what a presentment is?

Were you too lazy to look up a legal term you do not know?

Were you both too lazy and ignorant to understand the legal term presentment?

And I might as well give you another quote from a Framer of the 14th Amendment destroys your bullshit that the Bill of Rights always applied to the States.

John Bingham, co-author of the 14th Amendment, Congressional Globe, 40th Cong, 1st Sess, Jan 14, 1868, pp 514-15:

We say to those States: " Before you send Representatives to this Hall you must accept the decree which twenty-three States of this Union have already solemnly ratified, declaring that no State of this Union shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deny to any person the equal protection of the laws."

[...]

There is not an intelligent man in America but knows that this spirit and intent of the Constitution was most flagrantly violated long anterior to the rebellion, and that the Government was power­less to remedy it by law. That amendment proposes hereafter that this great wrong shall be remedied by putting a limitation expressly into the Constitution, coupled with a grant of power to enforce it by law, so that when either Ohio or South Carolina or any other State shall in its madness or its folly refuse to the gen­tleman or his children or to me or to mine any of the rights which pertain to American citizenship or to a common humanity, there will be redress for the wrong through the power and majesty of American law.

Which proves that tpaine is not an intelligent man.

You're becoming more and more desperate, and thus amusing. Youve been trying to change the subject from guns to gay rights: --

You should rethink your support for the 14th Amendment which provides a basis for Federally enforced gay marriage and boys showering with girls, and girls showering with boys. But why should yukon/tpaine object to that?

Then you follow up with this howler:

You are obviously desperate to change the topic of conversation as you have no answers for your predicament.

I'm in no predicament, you are, --- in that you've failed to explain WHY you support the power of States to ignore our rights to bear arms.

You're becoming more and more desperate, and thus amusing. Youve been trying to change the subject from guns to gay rights: --

You should rethink your support for the 14th Amendment which provides a basis for Federally enforced gay marriage and boys showering with girls, and girls showering with boys. But why should yukon/tpaine object to that?

Your support for the extremely Statist 14th Amendment and its massive transfier of power to create the all-powerful Federal leviathan that can order the States to do such things is what is amusing.

Then you follow up with this howler:

You are obviously desperate to change the topic of conversation as you have no answers for your predicament.

Your inability to defend your bullshit is amusing. It is fun to watch you squirm in the manner of a dishonorable asshole.

But don't let me stop the fun. --- Continue if you please.

tpaine #107: "AMERICUS, JULY TERM, 1846 251. Nunn vs. The State of Georgia. The above, quoted from Nunn, destroys your position that prior to the 14th, that there was NO opinionthat the 2nd Amendment applied to the States."

Repeated at #109

misterwhite and I were having a pleasant conversation about the early gun laws largely concerning concealed weapons. I provided the opinion in Nunn v. State 1 Kelly 243 (Ga. 1846). Nunn involved concealed weapons laws and spoke of the earlier Kentucky case, Bliss v. Commonwealth (Ky. 1822) and the Alabama case State v. Reid, (Ala. 1840), also involving state concealed weapons laws.

Nunn is harmless. It does not destroy anybody's position on whether the Bill of Rights restrained the states prior to selective incorporation via the 14th Amendment. And then tpaine came along to defecate upon the thread, carryuing on an argument from another thread.

As Nunn was clearly contrary to the U.S. Supreme Court opinion in Barron v. Baltimore 32 U.S. 243 (1833), it could never survive legal challenge. tpaine continued to prattle on that the Supreme Court opinion made no difference and repeat that the state court opinion in Nunn destroyed by position that the Bill of Rights did not restrain the states prior to selective incorporation via the 14th Amendment.

By an act of sheer good fortune, I not only have the opinion in Barron but I also have the Georgia Supreme Court opinion in State v. Hill, 53 Ga. 472 (1874).

State v. Hill, 53 Ga. 472 (1874)

2. The other question made in this record is a far graver one. It is insisted that the act describing the offense charged and fixing the penalty, is an infringement of the right of the citizens of this state as guaranteed by the constitution of the United States and of this state. It is now well settled that the amendments to the constitution of the United States of March 4th, 1789, are all restrictions, not upon the states, but upon the United States. And this would seem to be the inevitable conclusion from the history of these amendments as well as from their nature and even their terms. I do not myself assent to that other limitation of the legislative powers of our general assembly insisted upon in the argument, and sometimes announced by courts, to-wit: the "higher law," which is appealed to as above even the constitution. At last, therefore, if this act be unconstitutional it must be because it is in conflict with our state constitution.

Nunn, which was clearly contrary to the U.S. Supreme Court opinion in Barron regarding a supposed application of the Bill of Rights to the states, was overturned by the Georgia Supreme Court 142 years ago.

But don't let me stop the fun. --- Continue if you please.

tpaine in review

tpaine at 20: "This SCOTUS opinion [McDonald quoting Barron v Baltimore] is not definitive, and does not change the clear words of our Constitution, which has always applied to the States, except where specifically noted."

tpaine at 25: "This SCOTUS opinion [Barron v. Baltimore] is not definitive, and does not change the clear words of our Constitution, which has always applied to the States, except where specifically noted."

Cooper v Aaron, 358 US 1 (1958):

Article VI of the Constitution makes the Constitution the “supreme Law of the Land.” In 1803, Chief Justice Marshall, speaking for a unanimous Court, referring to the Constitution as “the fundamental and paramount law of the nation,” declared in the notable case of Marbury v. Madison, 1 Cranch 137, 177, that “It is emphatically the province and duty of the judicial department to say what the law is.” This decision declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system. It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States “any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3, “to support this Constitution.”

tpaine at 29: "States don't ignore it; -- they are empowered to use their own version of 'a presentment'."

tpaine attempting to explain why state do not need to use a grand jury, but demonstrating he does not know what a presentment is. As explained at #40 a presentment is an act of a grand jury. States file an information by a qualified official, needing neither an indictment nor a presentment of a grand jury. States do not need a grand jury at all, despite the Amendment 5 "presentment or indictment of a grand jury" requirement. That part of the Bill of Rights has yet to be incorporated against the states.

tpaine at 52: "During a discussion with Nolu Chan, he asserted that an amendment repealing the 2nd could be ratified, and become a valid part of our Constitution. I contend such an amendment would be unconstitutional."

This is nonsense. Who is empowered to declare an amendment to the Constitution to be unconstitutional? How can a part of the Constitution be unconstitutional?

tpaine #90:

In which he makes an ass of himself dissing a SCOTUS opinion by Scalia, thinking he is dissing nolu chan.

Armstrong v. Exceptional Child Ctr., Inc., 135 S.Ct. 1378 (2015), Opinion of the Court by Scalia, J.

[SCALIA] The Supremacy Clause, Art. VI, cl. 2, reads:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

It is apparent that this Clause creates a rule of decision:

[tpaine #90] A "rule of decision"? --- Who in hell made up that OPINION? And why should I care?

[nc] Antonin Scalia "made up that Opinion," and you should care because he did it as an Associate Justice writing a majority opinion of the U.S. Supreme court.

[SCALIA] Courts “shall” regard the “Constitution,” and all laws “made in Pursuance thereof,” as “the supreme Law of the Land.” They must not give effect to state laws that conflict with federal laws.

[tpaine #90] You are paraphrasing the words as written to make another OPINION, --- You really can't help yourself, can you....

[nc] Scalia was writing a majority Opinion of the U.S. Supreme Court.

[SCALIA] ---- It instructs courts what to do when state and federal law clash, but is silent regarding who may enforce federal laws in court, and in what circumstances they may do so.

[tpaine #90] You're simply making up more opinions on what the supremacy clause means. -- Its apparent you can't stop this inane form of argument.

[nc] Justice Scalia was writing a majority Opinion of the U.S. Supreme Court pertaining to what the supremacy clause means. It speaks loudly of your intellect that you find his form of argument to be inane.

nolu Chan, but i repeat myself (#118)

Yes, you do, because you are desperate and obsessive.

But don't let me stop the fun. --- Continue if you please.

tpaine in review ---

Good grief, ---how long do you intend to beat this dead imaginary horse?

Continue if you must, but I'm starting to fear for your sanity.

Get help...

Good grief, ---how long do you intend to beat this dead imaginary horse?

You have maintained that the Bill of Rights has always restrained the States since 1791. I have maintained the reality that you are full of shit, and have cited and quoted federal court opinions documenting that you are full of shit. There are many such court opinions. I intend to continue citing court opinions one day longer than continue to spew bullshit.

Good grief, ---how long do you intend to spew bullshit?

Johnston v. Earle, 245 F.2d 793 (9th Cir. 1957)

In Bell v. Hood, the refusal of the district court to consider this question, and its affirmance by the court of appeals³ was reversed, and the cause returned to the district court to determine whether the complaint stated a federal cause of action.

³ Bell v. Hood, 9 Cir., 1945, 150 F.2d 96.

On its return to the district court, that court, in a very able opinion by Judge Mathes, held that no federal cause of action existed for the acts of federal officials violating the Fourth and Fifth Amendments.⁴ His reasoning is that the due process clause of the Fifth Amendment applies only to the federal government,⁵ and not to individuals.⁶

⁴ Bell v. Hood, D.C.S.D.Cal. 1947, 71 F. Supp. 813.

⁵ That the Fifth Amendment applies only to the acts of the federal government is settled beyond doubt. See, e.g., Spies v. People of the State of Illinois, 1887, 123 U.S. 131, 166, 8 S.Ct. 21, 31 L.Ed. 80; Burdeau v. McDowell, 1921, 256 U.S. 465, 476, 41 S.Ct. 574, 65 L. Ed. 1048. In Feldman v. United States, 1944, 322 U.S. 487, 64 S.Ct. 1082, 88 L.Ed. 1408, the Court said: "* * * [F]or more than one hundred years, ever since Barron v. [Mayor and City Council of City of] Baltimore [1833], 7 Pet. 243 [ 32 U.S. 243], 8 L.Ed. 672, one of the principles of our Constitution has been that these [the Fourth and Fifth] Amendments protect only against invasion of civil liberties by the Government whose conduct they alone limit. Brown v. Walker, 161 U.S. 591, 606, 16 S.Ct. 644, 650, 40 L.Ed. 819; Jack v. [State of] Kansas, 199 U.S. 372, 380, 26 S.Ct. 73, 75, 50 L.Ed. 234; Twining v. [State of] New Jersey, 211 U.S. 78, 29 S.Ct. 14, 53 L.Ed. 97." 322 U.S. at page 490, 64 S.Ct. 1083.

⁶ Mr. Justice Black stated in Bell v. Hood that "whether federal courts can grant money recovery for damages said to have been suffered as a result of federal officers violating the Fourth and Fifth Amendments" is a question which "has never been specifically decided by this Court." 327 U.S. at page 684, 66 S.Ct. 777. In Weeks v. United States, 1914, 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652, however, the Supreme Court clearly indicated that there was no civil action for damages based upon the Fourth Amendment against officers who had violated it seizing plaintiff's property. Speaking of the possible nonfederal liability of the offending officers, the Court said: "What remedies the defendant may have against them we need not inquire, as the 4th Amendment is not directed to individual misconduct of such officials. Its limitations reach the Federal government and its agencies." 232 U.S. at page 398, 34 S.Ct. 346.

In fine, the federal government has created no cause of action enforceable in its courts for such torts under the state law, and hence the district court here lacked jurisdiction of the subject matter.

Continue if you must, but I'm starting to fear for your sanity.

Get help...

You have maintained that the Bill of Rights has always restrained the States since 1791. I have maintained the reality that you are full of shit, and have cited and quoted federal court opinions documenting that you are full of shit.

Court opinions do NOT change the bill of rights. Only statists claim they do..

There are many such court opinions. I intend to continue citing court opinions one day longer than continue to spew bullshit.

Continuing only demonstrates your desperation and mental problems, so have at it.

Good grief, ---how long do you intend to beat this dead imaginary horse?

You have maintained that the Bill of Rights has always restrained the States since 1791. I have maintained the reality that you are full of shit, and have cited and quoted federal court opinions documenting that you are full of shit. There are many such court opinions. I intend to continue citing court opinions one day longer than continue to spew bullshit.

Good grief, ---how long do you intend to spew bullshit?

tpaine #49 The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists to avoid compliance.

Time for another federal court opinion documenting almost two centuries of the federal courts unanimously saying tpaine is full of shit.

Southport Lane Equity II, LLC v. Downey, 3:15-cv-0335-RCJ-VPC (D. Nev. Mar 30, 2016)

Until the Fourteenth Amendment was adopted in 1868, no federal due process clause applied to the states. See Barron v. City of Baltimore, 32 U.S. 243, 250-51 (1833) (Marshall, C.J.).

And my pet plant has been watered for another day.

There are many such court opinions. I intend to continue citing court opinions one day longer than continue to spew bullshit.

Continuing only demonstrates your desperation and mental problems, so have at it.

And my pet plant has been watered for another day.

Which statement demonstrates your mental problems, poor fella.

[tpaine #49] The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists to avoid compliance.

[tpaine #126] Court opinions do NOT change the bill of rights. Only statists claim they do..

The Constitution, as construed by the U.S. Supreme Court, is the supreme law of the land. As construed by crackpot tpaine, not so much.

Cooper v Aaron, 358 US 1 (1958):

Article VI of the Constitution makes the Constitution the “supreme Law of the Land.” In 1803, Chief Justice Marshall, speaking for a unanimous Court, referring to the Constitution as “the fundamental and paramount law of the nation,” declared in the notable case of Marbury v. Madison, 1 Cranch 137, 177, that “It is emphatically the province and duty of the judicial department to say what the law is.” This decision declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system. It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States “any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3, “to support this Constitution.”

Productions v. Fogerty, 3:14-cv-00633-RCJ-VPC (D. Nev. Aug 26, 2015) [John Fogerty, Creedence Clearwater Revival]

Until the Fourteenth Amendment was adopted in 1868, no federal due process clause applied to the states. See Barron v. City of Baltimore, 32 U.S. 243, 250-51 (1833) (Marshall, C.J.).

[tpaine #126] Court opinions do NOT change the bill of rights. Only statists claim they do..

The Constitution, as construed by the U.S. Supreme Court, is the supreme law of the land.

Exactly, Court opinions do NOT change the bill of rights or the Constitution, -- since as construed by the U.S. Supreme Court, --- and as is evident within the document itself, it is the supreme law of the land.

You've finally had a flash of sanity. Thanks.

[tpaine #49] The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists to avoid compliance.

[tpaine #126] Court opinions do NOT change the bill of rights. Only statists claim they do..

The Constitution, as construed by the U.S. Supreme Court, is the supreme law of the land. As construed by crackpot tpaine, not so much.

Cooper v Aaron, 358 US 1 (1958):

Article VI of the Constitution makes the Constitution the “supreme Law of the Land.” In 1803, Chief Justice Marshall, speaking for a unanimous Court, referring to the Constitution as “the fundamental and paramount law of the nation,” declared in the notable case of Marbury v. Madison, 1 Cranch 137, 177, that “It is emphatically the province and duty of the judicial department to say what the law is.” This decision declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system. It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States “any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3, “to support this Constitution.”

[tpain #128] Exactly, Court opinions do NOT change the bill of rights or the Constitution, -- since as construed by the U.S. Supreme Court, --- and as is evident within the document itself, it is the supreme law of the land.

Cooper v Aaron, 358 US 1 (1958) for the learning impaired:

“It is emphatically the province and duty of the judicial department to say what the law is.” This decision declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system. It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land."

Thus, when in Plessy the Court declared that separate but equal was the law of the land, that interpretation was the law of the land. And when, in Brown the Court declared that separate but equal was inherently unequal and unconstitutional, separate but equal was not the law of the land. The words of the Constitution did not change but the interpretation did, and the law of the land changed with the changing interpretation.

tpaine #49 The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists to avoid compliance.

Time for another federal court opinion documenting almost two centuries of the federal courts unanimously saying tpaine is full of shit.

Bourke v. Beshear, 996 F.Supp.2d 542 (W.D. Ky. 2014)

It is true that the citizens have wide latitude to codify their traditional and moral values into law. In fact, until after the Civil War, states had almost complete power to do so, unless they encroached on a specific federal power. See Barron v. City of Baltimore, 32 U.S. 243, 250–51, 7 Pet. 243, 8 L.Ed. 672 (1833). However, in 1868 our country adopted the Fourteenth Amendment, which prohibited state governments from infringing upon our individual rights. Over the years, the Supreme Court has said time and time again that this Amendment makes the vast majority of the original Bill of Rights and other fundamental rights applicable to state governments.

In fact, the first justice to articulate this view was one of Kentucky's most famous sons, Justice John Marshall Harlan. See Hurtado v. California, 110 U.S. 516, 558, 4 S.Ct. 111, 28 L.Ed. 232 (1884) (Harlan, J., dissenting). He wrote that the Fourteenth Amendment “added greatly to the dignity and glory of American citizenship, and to the security of personal liberty, by declaring that ... ‘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.’ ” Plessy v. Ferguson, 163 U.S. 537, 555, 16 S.Ct. 1138, 41 L.Ed. 256 (1896) (Harlan, J., dissenting) (quoting U.S. Const. amend. XIV).

So now, the Constitution, including its equal protection and due process clauses, protects all of us from government action at any level, whether in the form of an act by a high official, a state employee, a legislature, or a vote of the people adopting a constitutional amendment.

Please, do continue your madness..

[tpaine #129] Please, do continue your madness..

At your request, if that is what it takes to demonstrate you you are unable to make your case, or any case at all, other than your own dementia.

[tpaine #126] Court opinions do NOT change the bill of rights. Only statists claim they do..

The Constitution, as construed by the U.S. Supreme Court, is the supreme law of the land. As construed by crackpot tpaine, not so much.

Cooper v Aaron, 358 US 1 (1958):

Article VI of the Constitution makes the Constitution the “supreme Law of the Land.” In 1803, Chief Justice Marshall, speaking for a unanimous Court, referring to the Constitution as “the fundamental and paramount law of the nation,” declared in the notable case of Marbury v. Madison, 1 Cranch 137, 177, that “It is emphatically the province and duty of the judicial department to say what the law is.” This decision declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system. It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States “any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3, “to support this Constitution.”

Poor, poor tpaine. There are so many Federal court opinions, and they are unanimous that you are full of shit.

[tpaine #49] The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists to avoid compliance.

Cooper v Aaron, 358 US 1 (1958) for the learning impaired:

“It is emphatically the province and duty of the judicial department to say what the law is.” This decision declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system. It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land."

Rockwell Automation, Inc. v. Beckhoff Automation, LLC, 2:13-cv-01616-RCJ-NJK (D. Nev. May 30, 2014)

Until 1868, when the Fourteenth Amendment was adopted, the Due Process Clause of the Fifth Amendment did not apply to the states. See Barron v. City of Baltimore, 32 U.S. 243, 250-51 (1833) (Marshall, C.J.).

The Constitution, as construed by the U.S. Supreme Court, is the supreme law of the land.

SCOTUS opinions do not change the supreme law of the land.

Poor, poor tpaine. There are so many Federal court opinions, and they are unanimous that you are full of shit.

Poor poor nolu, full of insane opinions that don't mean shit.

[tpaine #132] SCOTUS opinions do not change the supreme law of the land.

And no bullshit you spew establishes you as the national arbiter of what the Constitution says. That authority is given to the Judiciary.

Cooper v Aaron, 358 US 1 (1958) for the learning impaired:

“It is emphatically the province and duty of the judicial department to say what the law is.” This decision declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system. It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land."

[tpaine #49] The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists to avoid compliance.

And here is your daily Federal court opinion documenting that you are full of shit. Every relevant Federal court opinion ever rendered documents that you are full of shit. So many opinions and only just so many days in the year.

Unitedhealth Grp., Inc. v. United Healthcare, Inc., 2:14-cv-00224-RCJ-NJK (D. Nev. Dec 30, 2014)

Until 1868, when the Fourteenth Amendment was adopted, the Due Process Clause of the Fifth Amendment did not apply to the states. See Barron v. City of Baltimore, 32 U.S. 243, 250-51 (1833) (Marshall, C.J.).

Poor, poor tpaine. There are so many Federal court opinions, and they are unanimous that you are full of shit.

Poor poor nolu, full of insane opinions that don't mean shit.

Every relevant Federal court opinion ever rendered documents that you are full of shit.

How insane can you get? You're citing opinions to prove your opinions...

Opinions do not change our Constitution…

[tpaine #134]

Poor poor nolu, full of insane opinions that don't mean shit. ...

How insane can you get? You're citing opinions to prove your opinions...

Opinions do not change our Constitution…

Cooper v Aaron, 358 US 1 (1958)

It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States “any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3, “to support this Constitution.”

[tpaine #49] The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists to avoid compliance.

Poor tpaine. Here's an oldie but a goodie from SCOTUS. And it continues... the Federal opinions are unanimous that tpaine is full of shit. And all tpaine can do is take it and squeeze out another of his insane turds of thought.

United States v. Cruikshank, 92 U.S. 542, 553 (1875)

The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow citizens of the rights it recognizes, to what is called, in The City of New York v. Miln, 11 Pet. 139, the "powers which relate to merely municipal legislation, or what was, perhaps, more properly called internal police," "not surrendered or restrained" by the Constitution of the United States.

Opinions do not change our Constitution…

Poor tpaine. Here's an oldie but a goodie ----

And in reply you post more opinions. --- This is true insanity.

Poor poor nolu, full of insane opinions that don't mean shit. ... How insane can you get? You're citing opinions to prove your opinions...

Opinions do not change our Constitution…

Translation: Thank you sir! May I have another?

Cooper v Aaron, 358 US 1 (1958)

It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States “any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3, “to support this Constitution.”

[tpaine #49] The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists to avoid compliance.

[nolu chan #38] please explain why the States are free to try and execute people without complying with the 5th Amendment requirement for an indictment issued by a grand jury.

[tpaine #39:]

Read below: --- "on a presentment or indictment".

Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

[nolu chan #38] Why are States free to ignore that requirement every day?

[tpaine #39] States don't ignore it; -- they are empowered to use their own version of 'a presentment'.

[nolu chan #40]

Black's Law Dictionary, 6th Edition

Presentment. The written notice taken by a grand jury of any offense, from their own knowledge or observation without any bill of indictment laid before them at the suit of the government. A presentment is an accusation, initiated by the grand jury itself, and in effect instruction that an indictment be drawn. U.S. v. Briggs, C.A.Fla., 514 F.2d 794, 804. A written accusation of crime made and returned by the grand jury upon its own initiative in the exercise of its lawful inquisitorial powers, is in the form of a bill of indictment, and in practice is signed individually by all the grand jurors who return it. See State v. Hudson, 487 Tenn.Cr.Ap S.W.2d 672, 674. See also Indictment; Information; Presenter.

States don't ignore it; -- they are empowered to use their own version of 'a presentment'.

Perhaps you should take a remedial course in reading comprehension?

No, you are too ignorant of the law to know what a presentment is, and too lazy to look up a legal term you do not know. You blather on only to prove to the world that you have no clue what you are talking about.

For a major Federal crime, a grand jury is mandatory per the 5th Amendment. For a State prosecution is is not, depending on State law. Most states use an information, with no grand jury presentment or indictment involved, as no grand jury is involved.

How can that be if the 5th Amendment applies to the States?

Poor tpaine. Every relevant Federal court opinion in our nation's history has said that tpaine is full of shit. For example, he has never been able to explain how full of shit he was when bloviating out his butt about an indictment or presentment of a grand jury, and an information filed against a criminal defendant by a State. tpaine claimed States used "their own version of 'a presentment', some imaginary document filed by the Easter bunny. A presentment only originates from a grand jury. When a State files an information, it does so in the absence of any grand jury.

Maxwell v. Dow, 176 U.S. 581, 584-85 (1900)

It was alleged by the counsel for the plaintiff in error, before the court which passed sentence, that the proceeding was in conflict with the Fifth and the Fourteenth Amendments, and those grounds were before this court. The Fifth Amendment was referred to in the opinion delivered in this court, and it was held not to have been violated by the state law, although that amendment provides for an indictment by a grand jury. This decision could not have been arrived at if a citizen of the United States were entitled, by virtue of that clause of the Fourteenth Amendment relating to the privileges and immunities of citizens of the United States, to claim in a state court that he could not be prosecuted for an infamous crime unless upon an indictment by a grand jury. In a Federal court, no person can be held to answer for a capital or otherwise infamous crime unless by indictment by a grand jury, with the exceptions stated in the Fifth Amendment. Yet this amendment was held in the Hurtado case not to apply to a prosecution for murder in a state court pursuant to a state law. The claim was made in the case (and referred to in the opinion) that the adoption of the Fourteenth Amendment provided an additional security to the individual against oppression by the States themselves, and limited their powers to the same extent as the amendments theretofore adopted had limited the powers of the Federal Government. By holding that the conviction upon an information was valid, the court necessarily held that an indictment was not necessary; that exemption from trial for an infamous crime, excepting under an indictment, was not one of those priviliges or immunities of a citizen of the United States which a State was prohibited from abridging.

Opinions do not change our Constitution…

And true to your own insane opinions, you reply with more opinions.

You're amusingly idiotic.

Poor poor nolu, full of insane opinions that don't mean shit. ... How insane can you get? You're citing opinions to prove your opinions...

Opinions do not change our Constitution…

And true to your own insane opinions, you reply with more opinions.

Translation: Thank you sir! May I have another?

Why, of course, There are so many federal court opinions and they all say tpaine is full of shit. I never even have to repeat one and can keep going for years.

You may just continue to do your impression of a Democratic congressman throwing a tantrum on the floor of the House.

Cooper v Aaron, 358 US 1 (1958)

It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States “any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3, “to support this Constitution.”

[tpaine #49] The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists to avoid compliance.

For another federal court opinion saying tpaine is full of shit, I present:

Palko v Connecticut, 302 US 319 (1937)

The Fifth Amendment provides also that no person shall be compelled in any criminal case to be a witness against himself. This court has said that, in prosecutions by a state, the exemption will fail if the state elects to end it. Twining v. New Jersey, 211 U. S. 78, 211 U. S. 106, 211 U. S. 111, 211 U. S. 112. Cf. Snyder v. Massachusetts, supra, p. 291 U. S. 105; Brown v. Mississippi, 297 U. S. 278, 297 U. S. 285. The Sixth Amendment calls for a jury trial in criminal cases, and the Seventh for a jury trial in civil cases at common law where the value in controversy shall exceed twenty dollars. This court has ruled that consistently with those amendments trial by jury may be modified by a state or abolished altogether. Walker v. Sauvinet, 92 U. S. 90; Maxwell v. Dow, 176 U. S. 581; New York Central R. Co. v. White, 243 U. S. 188, 243 U. S. 208; Wagner Electric Mfg. Co. v. Lyndon, 262 U. S. 226, 262 U. S. 232. As to the Fourth Amendment, one should refer to Weeks v. United States, 232 U. S. 383, 232 U. S. 398, and, as to other provisions of the Sixth, to West v. Louisiana, 194 U. S. 258.

[...]

2. The conviction of appellant is not in derogation of any privileges or immunities that belong to him as a citizen of the United States.

There is argument in his behalf that the privileges and immunities clause of the Fourteenth Amendment as well as the due process clause has been flouted by the judgment.

Maxwell v. Dow, supra, p. 176 U. S. 584, gives all the answer that is necessary.

And that is why I quoted Maxwell v. Dow at #137.

And true to your own insane opinions, you reply with more opinions.

Why, of course, There are so many federal court opinions and they all say tpaine is full of shit. I never even have to repeat one and can keep going for years.

Fine with me, because I can also make fun of your idiocy, for years.

[tpaine #140] Fine with me, because I can also make fun of your idiocy, for years.

Translation: Thank you, Sir! May I have another?

The number of relevant Federal court opinions is legion, and they all say tpaine is full of shit.

[tpaine #49] The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists to avoid compliance.

Nordyke v. King, 319 F.3d 1185 (9th Cir. 2003)

Whether and to what extent the Bill of Rights should be incorporated into the Due Process Clause of the Fourteenth Amendment is a question that has intrigued many. See Felix Frankfurter, Memorandum on "Incorporation" of the Bill of Rights into the Due Process Clause of the Fourteenth Amendment, 78 Harv. L.Rev. 746 (1965); Hugo Lafayette Black, A Constitutional Faith, at xvi-vii, 34-42 (1968); William J. Brennan Jr., The Bill of Rights and the States, 36 N.Y.U. L.Rev. 761 (1961); William J. Brennan Jr., The Bill of Rights and the States: The Revival of State Constitutions as Guardians of Individual Rights, 61 N.Y.U. L.Rev. 535 (1986); Duncan v. Louisiana, 391 U.S. 145, 171-193, 88 S.Ct. 1444, 20 L.Ed.2d 491 (1968) (Harlan, J., dissenting); Erwin N. Griswold, Due Process Problems Today in the United States, in The Fourteenth Amendment 161, 164 (Bernard Schwartz ed., 1970); Akhil Reed Amar, The Bill of Rights and the Fourteenth Amendment, 101 Yale L.J. 1193 (1992).

[...]

Many Amendments of the Bill of Rights have been incorporated against the states. See, e.g., Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491 (1968) (right to criminal jury); Malloy v. Hogan, 378 U.S. 1, 84 S.Ct. 1489, 12 L.Ed.2d 653 (1964) (privilege against compelled self-incrimination); New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964) (freedom of speech and press); Abington Sch. Dist. v. Schempp, 374 U.S. 203, 83 S.Ct. 1560, 10 L.Ed.2d 844 (1963) (nonestablishment of religion); Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963) (right to counsel); Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961) (exclusion of evidence obtained by unreasonable search and seizure). However, the entire Bill of Rights has not been incorporated into the Fourteenth Amendment's Due Process Clause. See John E. Nowak Ronald D. Rotunda, Constitutional Law 332-334 (4th ed. 1991).

The number of relevant Federal court opinions is legion, and they all say tpaine is full of shit.

No, they all give opinions that apply to the case at hand, -- these opinions do NOT change the constitution.

[tpaine #49] The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists, like yourself, --- to avoid compliance.

[nolu chan #139] There are so many federal court opinions and they all say tpaine is full of shit. I never even have to repeat one and can keep going for years.

[tpaine #140] Fine with me, because I can also make fun of your idiocy, for years.

Translation: Thank you, Sir! May I have another?

[tpaine #142] No, they all give opinions that apply to the case at hand, -- these opinions do NOT change the constitution.

tpaine hallucinates that Obergefell says only the plaintiff is entitled to same-sex marriage, and he hallucinates that Roe v. Wade says only that Jane Roe is entitled to an abortion.

The number of relevant Federal court opinions on the applicability of the original Bill of Rights is legion, and they all say tpaine is full of shit.

[tpaine #49] The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists to avoid compliance.

Time for yet another spanking.

Couvillier v Dillingham & Assocs, 2:14-cv-00482-RCJ-NJK (D Nev Jul 23, 2014)

Until 1868, when the Fourteenth Amendment was adopted, the Due Process Clause of the Fifth Amendment did not apply to the states. See Barron v. City of Baltimore, 32 U.S. 243, 250-51 (1833) (Marshall, C.J.).

nolu chan #139] There are so many federal court opinions and they all say tpaine is full of shit. I never even have to repeat one and can keep going for years.

[tpaine #140] Fine with me, because I can also make fun of your idiocy, for years.

Time for yet another spanking.

Time for more making more fun of your idiotic reposts, you mean. Rant on.

[nolu chan #139] There are so many federal court opinions and they all say tpaine is full of shit. I never even have to repeat one and can keep going for years.

[tpaine #140] Fine with me, because I can also make fun of your idiocy, for years.

Translation: Thank you, Sir! May I have another?

[tpaine #142] No, they all give opinions that apply to the case at hand, -- these opinions do NOT change the constitution.

tpaine hallucinates that Obergefell says only the plaintiff is entitled to same-sex marriage, and he hallucinates that Roe v. Wade says only that Jane Roe is entitled to an abortion.

The number of relevant Federal court opinions on the applicability of the original Bill of Rights is legion, and they all say tpaine is full of shit.

[tpaine #49] The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists to avoid compliance.

tpaine #144 - no substantive response.

Time for yet another spanking.

MALONE v. FAYETTE COUNTY, TENN., (W.D.Tenn. 2000), 86 F. Supp.2d 797 (W.D. Tenn. 2000)

In Graham, the court held that the Fourth Amendment supplies the correct substantive standard for excessive force claims within the context of an arrest or investigatory stop of a free citizen. See Graham, 490 U.S. at 395, 109 S.Ct. 1865. Graham did not, however, alter the fundamental principal of constitutional law that the restrictions upon governmental power contained in the first eight amendments of the United States Constitution, standing alone, are inapplicable to the states. See Barron, for Use of Tiernan v. Mayor and City Council of City of Baltimore, 32 U.S. 243, 246, 7 Pet. 243, 8 L.Ed. 672 (1833). See also Wolf v. Colorado, 338 U.S. 25, 26, 69 S.Ct. 1359, 93 L.Ed. 1782 (1949). Instead, the protections of the Bill of Rights are applicable to the states only inasmuch as the rights protected in those amendments are "implicit in the concept of ordered liberty" and thus incorporated into the due process guarantees of the Fourteenth Amendment. See Palko v. Connecticut, 302 U.S. 319, 325-26, 58 S.Ct. 149, 82 L.Ed. 288 (1937).

Time for yet another spanking.

Time for more making more fun of your idiotic reposts, you mean. Rant on, making non substantive responses.

[tpaine #146] Time for more making more fun of your idiotic reposts, you mean. Rant on, making non substantive responses.

Translation: Thank you, Sir! May I have another?

Of course. Every day you ask, I intend to provide you with yet another federal court opinion showing that you are full of shit. It is so easy and not at all time consuming. Relevant federal court opinions are unanimous that you are full of shit.

[tpaine #49] The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists to avoid compliance.

The Federal courts have been unanimous that the Bill of Rights has never applied to the States except as they have been selectively incorporated into the 14th Amendment.

Have another:

Bravo Co. v. Badger Ordnance LLC, 2:14-cv-00387-RCJ-GWF (D. Nev. Jun 16, 2014)

Until 1868, when the Fourteenth Amendment was adopted, the Due Process Clause of the Fifth Amendment did not apply to the states. See Barron v. City of Baltimore, 32 U.S. 243, 250-51 (1833) (Marshall, C.J.).

A reminder of the cited precedent, almost two centuries old and still going strong.

Barron v. City of Baltimore, 32 U.S. 243, 250-51 (1833) (Marshall, C.J.)

The question thus presented is, we think, of great importance, but not of much difficulty. The Constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual States. Each State established a constitution for itself, and in that constitution provided such limitations and restrictions on the powers of its particular government as its judgment dictated. The people of the United States framed such a government for the United States as they supposed best adapted to their situation and best calculated to promote their interests. The powers they conferred on this government were to be exercised by itself, and the limitations on power, if expressed in general terms, are naturally, and we think necessarily, applicable to the government created by the instrument. They are limitations of power granted in the instrument itself, not of distinct governments framed by different persons and for different purposes.

[...]

The ninth section having enumerated, in the nature of a bill of rights, the limitations intended to be imposed on the powers of the General Government, the tenth proceeds to enumerate those which were to operate on the State legislatures. These restrictions are brought together in the same section, and are by express words applied to the States. "No State shall enter into any treaty," &c. Perceiving, that in a constitution framed by the people of the United States, for the government of all, no limitation of the action of government on the people would apply to the State government, unless expressed in terms, the restrictions contained in the tenth section are in direct words so applied to the States.

[...]

In compliance with a sentiment thus generally expressed, to quiet fears thus extensively entertained, amendments were proposed by the required majority in Congress and adopted by the States. These amendments contain no expression indicating an intention to apply them to the State governments. This court cannot so apply them.

We are of opinion that the provision in the Fifth Amendment to the Constitution declaring that private property shall not be taken for public use without just compensation is 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.

[tpaine #140] Fine with me, because I can also make fun of your idiocy, for years.

Fine with me too. Here is your weekly update.

The number of relevant Federal court opinions on the applicability of the original Bill of Rights is legion, and they all say tpaine is full of shit.

[tpaine #49] The 2nd has always applied to the States, -- the 'incorporation' bull has just been used by statists to avoid compliance.

Time for yet another spanking with yet another federal court opinion documenting that the Bill of Rights does not restrain the States. The Fourteenth amendment restrains the States regarding certain rights that have been incorporated into the Fourteenth Amendment. A claim against a State under one of the BoR amendments directly is found not cognizable pursuant to Barron v. City of Baltimore.

ROE v. BUTTERWORTH, (S.D.Fla. 1997), 958 F. Supp. 1569 (S.D. Fla. 1997)

Petitioner brings her claims under the Fifth and Fourteenth Amendments to the United States Constitution.¹

¹Since Petitioner's claim is brought only against the State of Florida through its Attorney General, it is only cognizable pursuant to the Fourteenth Amendment. See Barron v. City of Baltimore, 32 U.S. 243, 7 Pet. 243, 8 L.Ed. 672 (1833).

Time for yet another spanking.

Time for more making more fun of your idiotic reposts, you mean. Rant on, making non substantive, weirdo responses, imagining that you're "spanking" anyone.

[tpaine #149] Thank you, Sir! May I have another?

Of course. Another spanking demonstrating the BoR does not apply to the States and you are full of shit.

Valerio v. City of San Diego, CASE NO: 12-CV-1200 W (WMC) (S.D. Cal. Jun 17, 2013), page 18, n. 10

Plaintiffs' substantive due process argument is only valid insofar as it asserts a violation of the Fourteenth Amendment. There can be no Fifth Amendment violation here since Defendants are not federal actors. See Barron, 32 U.S. 243, 247 (1833).

Another spanking demonstrating the BoR does not apply to the States ---

Another opinion does not change our Constitution.

Thank you sir, may I have another?

Of course. As many as needed to persuade you that the BoR does not apply to the States. The rights are applied via the 14th Amendment.

Medcapgroup, LLC v. Mesa Pharmacy, Inc., 2:14-cv-00674-RCJ-NJK (D. Nev. Jul 29, 2014)

Until 1868, when the Fourteenth Amendment was adopted, the Due Process Clause of the Fifth Amendment did not apply to the states. See Barron v. City of Baltimore, 32 U.S. 243, 250-51 (1833) (Marshall, C.J.).

Another spanking demonstrating the BoR does not apply to the States ---

Another opinion does not change our Constitution.

Thank you sir, may I have another? --- Of course. As many as needed to persuade you --

You're crazy as a bedbug in your repetitious postings. -- I'm thinking of taking pity on you and ending this farce.

Are you lucid enough to agree?

Thank you sir, may I have another?

Of course you may have yet another case. As many as needed to persuade you that the BoR does not apply to the States. The rights are applied via the 14th Amendment.

JOHNSON v. CANNON, (M.D.Fla. 1996), 947 F. Supp. 1567 (M.D. Fla. 1996)

D. FIFTH AMENDMENT

Defendant Cannon contends that Johnson cannot establish a cause of action pursuant to the Fifth Amendment because the protections afforded by this amendment are applicable only to federal actions. The Fifth Amendment is applicable to the actions of federal, not state government. See Barron v. Mayor City Council, 32 U.S. 243, 7 Pet. 243, 8 L.Ed. 672 (1833); Newsom v. Vanderbilt Univ., 653 F.2d 1100, 1113 (6th Cir. 1981). Johnson has made no allegations that any of Armstrong's actions were made under color of federal law. The Court hereby grants the Motion to Dismiss as to any alleged Fifth Amendment violation.

Opinions do not change our Constitution. -- And you are quite mad to insist they do.

Thank you sir, may I have another?

Of course you may have yet another case. As many as needed to persuade you that the BoR does not apply to the States. The rights are applied via the 14th Amendment.

[tpaine #155] You keep posting your same tired opinions, over and over,

On the contrary, I post a different court opinion with a different citation every time. it's just that there are so many cases over a period of almost two centuries, and they all say your crap has no merit.

Have another new and different case which is virile, vigorous, and potent, just like the Barron v. Baltimore precedent of 1833.

Henry A. v. Willden, 2:10-cv-00528-RCJ-PAL (D. Nev. Feb 27, 2013)

The Due Process Clause of the Fifth Amendment does not apply to the states, Barron v. City of Baltimore, 32 U.S. 243, 250-51 (1833) (Marshall, C.J.), and the Due Process Clause of the Fourteenth Amendment, which does apply to the states, see U.S. Const. amend XIV, § 1 ("nor shall any State deprive any person of life, liberty, or property, without due process of law"), was not adopted until 1868. The Declaration of Rights that comprises Article I of the Nevada Constitution, which was adopted in 1864, was therefore necessary in order to impose certain restrictions upon the State of Nevada that were already imposed against the federal government under the Bill of Rights, and the Nevada Supreme Court has not interpreted the protections of the Declaration of Rights to exceed the scope of their federal counterparts. Michael W. Bowers, The Sagebrush State 43-44 (3rd ed., Univ. Nev. Press 2006); Michael W. Bowers, The Nevada State Constitution 24 (1993).

It is settled law almost two centuries old. The BoR does not apply to the States. The privileges and immunities of U.S. citizens apply to the States via the 14th Amendment.

Opinions do not change our Constitution. -- And you are quite mad to insist they do.

Thank you sir, may I have another?

Of course you may have yet another case. As many as needed to persuade you that the BoR does not apply to the States. The rights are applied via the 14th Amendment.

[tpaine #157] You keep posting your same tired opinions, over and over,

On the contrary, I post a different court opinion with a different citation every time. it's just that there are so many cases over a period of almost two centuries, and they all say your crap has no merit.

Have another new and different case which is virile, vigorous, and potent, just like the Barron v. Baltimore precedent of 1833.

BARTEE v. YANOFF, (E.D.Pa. 1981), 514 F. Supp. 96 (E.D. Pa. 1981), n. 3

In his brief in opposition to defendants' motions to dismiss, plaintiff relies primarily on the due process clause of the fifth amendment. However, plaintiff's cause of action may not be asserted directly under the fifth amendment since the fifth amendment proscribes federal conduct only, Feldman v. United States, 322 U.S. 487, 490, 64 S.Ct. 1082, 1083, 88 L.Ed. 1408 (1944); Barron v. Baltimore, 32 U.S. 243, 247, 7 Pet. 243, 247, 8 L.Ed. 672 (1833). The alleged wrongdoing in this case occurred under color of state law.

#159. To: nolu chan, You keep posting your same tired opinions, over and over, Opinions do not change our Constitution. -- And you are quite mad to insist they do. (#158)

.

tpaine posted on 2016-07-12 15:52:27 ET

- - - - - - - - - -

Thank you sir, may I have another?

Of course you may have yet another case. As many as needed to persuade you that the BoR does not apply to the States. The rights are applied via the 14th Amendment.

[tpaine #157] You keep posting your same tired opinions, over and over,

On the contrary, I post a different court opinion with a different citation every time. it's just that there are so many cases over a period of almost two centuries, and they all say your crap has no merit.

Have another new and different case which is virile, vigorous, and potent, just like the Barron v. Baltimore precedent of 1833.

Bell v. Hood, 71 F. Supp. 813 (S.D. Cal. 1947)

History is clear that the first ten Amendments to the Constitution were adopted to secure certain common-law rights of the people against invasion by the Federal Government. For example, the Fourth Amendment provides that: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated * * *."

The right to be free from unreasonable searches and seizures is a common-law right. Entich v. Carrington, 1765, 19 How.St.Tr. 1029; Boyd v. United States, 1886, 116 U.S. 616, 624-632, 6 S.Ct. 524, 29 L.Ed. 746 . Thus the Fourth Amendment did not create a new right, but merely gave a pre-existing common-law right constitutional protection from invasion by the Federal Government.

Accordingly, the Fourth and Fifth Amendments do not limit state or individual action, but only federal action. Twining v. New Jersey, 1908, 211 U.S. 78, 29 S.Ct. 14, 53 L.Ed. 97 ; Spies v. Illinois, 1887, 123 U.S. 131, 8 S.Ct. 22, 31 L.Ed. 80; Barron v. Baltimore, 1833, 7 Pet. 243, 32 U.S. 243, 8 L.Ed. 672 . As was said in Feldman v. United States, 1944, 322 U.S. 487, 490, 64 S.Ct. 1082, 1083, 88 L.Ed. 1408, 154 A.L.R. 982: "* * * for more than one hundred years * * * one of the settled principles of our Constitution has been that these Amendments protect only against invasion of civil liberties by the Government whose conduct they alone limit." Cf. Burdeau v. McDowell, 1921, 256 U.S. 465, 41 S.Ct. 574, 65 L.Ed. 1048, 13 A.L.R. 1159; Weeks v. United States, 1914, 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652 , L.R.A. 1915B, 834, Ann.Cas. 1915C, 1177; Hall v. United States, 9 Cir., 1930, 41 F.2d 54; Brown v. United States, 9 Cir., 1926, 12 F.2d 926.

Why does he WANT to give that power to the supreme court?

Because that's what socialists do?

Thank you sir, may I have another?

Of course you may have yet another case. As many as needed to persuade you that the BoR does not apply to the States. The rights are applied via the 14th Amendment.

[tpaine #157] You keep posting your same tired opinions, over and over,

On the contrary, I post a different court opinion with a different citation every time. it's just that there are so many cases over a period of almost two centuries, and they all say your crap has no merit.

Have another new and different case which is virile, vigorous, and potent, just like the Barron v. Baltimore precedent of 1833.

Vidal v. Garcia-Padilla, CIVIL NO. 14-1253 (PG) (D.P.R. Mar 08, 2016)

B. The Doctrine of Selective Incorporation

At the time of its adoption in 1871, the Bill of Rights - and, particularly, the individual liberties secured within it - did not apply against the States. See Barron ex rel. Tiernan v. Baltimore, 32 U.S. 243, 250 (1833)(noting that the amendments found in the Bill of Rights "contain no expression indicating an intention to apply them to the State governments"); Lessee of Livingston v. Moore, 32 U.S. 469, 551-552 (1833)(same). Nevertheless, in the aftermath of the Civil War, the Fourteenth Amendment to the Constitution was adopted to protect certain individual rights from interference by the States. And thereafter, the Supreme Court began using that Amendment's Due Process Clause to "incorporate" a number of the individual liberties found in the first ten Amendments against the States, "initiating what has been called a process of 'selective incorporation,' i.e. the Court began to hold that the Due Process Clause fully incorporates particular rights contained in the first [ten] Amendments." McDonald v. City of Chicago, III., 561 U.S. 742, 763 (2010)(alteration in original)(listing cases).

The Fourteenth Amendment provides, in pertinent part, that "[n]o State shall...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." U.S. Const. amend. XIV, § 1.

In the cases decided during this era, the Court fashioned the boundaries of the Due Process Clause by expressly incorporating those rights considered fundamental to a scheme of ordered liberty and system of justice. See id., 561 U.S. at 760-764; see also Palko v. Connecticut, 302 U.S. 319 (1937)(indicating that due process protects those rights that are "the very essence of a scheme of ordered liberty"); Duncan v. Louisiana, 391 U.S. 145, 148 (1968)(referring to those "fundamental principles of liberty and justice which lie at the base of all our civil and political institutions")(internal quotations omitted). Today, most of the rights found in the first ten Amendments have been incorporated.

Poor sad nolu, obsessed with trying to prove that SCOTUS opinions change our Constitution.

Why does he WANT to give that power to the supreme court?

Because that's what socialists do?

Poor sad yukon/tpaine in the ass, trapped like the rat that he is, has nothing better do than create and to address his pathetic non-responsive posts to very long non-existent handles which will not show up in any ping list.

Future responses have been consolidated onto a single thread. See:

http://www2.libertysflame.com/cgi-bin/readart.cgi?ArtNum=46857&Disp=77#C77

For examples of his psychosis using non-existent handles, see:

#76. To: Obsessive compulsive nolu chan, cannot stop spam. (#75)

Poor sad nolu, obsessed with trying to prove that SCOTUS opinions change our Constitution.

Why does he WANT to give that power to the supreme court?

Because that's what socialists do?

tpaine  posted on  2016-07-17   12:37:58 ET  Reply   Trace   Private Reply  

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#24. To: Obsessive compulsive nolu chan, cannot stop spam. (#23)

Obsessive compulsive nolu chan, cannot stop spam.

Poor sad nolu, obsessed with trying to prove that SCOTUS opinions change our Constitution.

Why does he WANT to give that power to the supreme court?

Because that's what socialists do?

tpaine  posted on  2016-07-17   12:40:29 ET  Reply   Trace   Private Reply  

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#34. To: Obsessive compulsive nolu chan, cannot stop spam. (#33)

Poor sad nolu, obsessed with trying to prove that SCOTUS opinions change our Constitution.

Why does he WANT to give that power to the supreme court?

Because that's what socialists do?

tpaine  posted on  2016-07-17   12:42:09 ET  Reply   Trace   Private Reply  

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#163. To: Obsessive compulsive nolu chan, cannot stop spam. (#162)

Poor sad nolu, obsessed with trying to prove that SCOTUS opinions change our Constitution.

Why does he WANT to give that power to the supreme court?

Because that's what socialists do?

tpaine  posted on  2016-07-17   12:43:42 ET  Reply   Trace   Private Reply  

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#125. To: Obsessive compulsive nolu chan, cannot stop spam. (#124)

Poor sad nolu, obsessed with trying to prove that SCOTUS opinions change our Constitution.

Why does he WANT to give that power to the supreme court?

Because that's what socialists do?

tpaine  posted on  2016-07-17   12:45:40 ET  Reply   Trace   Private Reply  

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