dscott8 wrote:WeirdlyWired wrote:
<previous quotes snipped, see above>
So... I take it you are NOT one of the "hew-to-the-original-text" interpretation supporters. Actually I do not disagree with your analysis. I would only point out that "The Framers" in general, and Jefferson in particular, did not want a listing of rights. They felt a complete listing of all the rights they enjoyed as [former] British Subjects, and took with them to the New World, would be too lengthy and be sure to miss some important ones. They imagined some Strict constitutionalist like Robert Bork or Antonin Scalia would toss out a (let us say) right to privacy because there is no such right specifically listyed. Please don't make me look up that citation!
You take it correctly. And I will mention that the Bill of Rights was not part of the original Constitution. It was added during the year-long ratification process to get approval from states that wanted written protection from the federal government overriding rights already guaranteed in various states. Look into The Massachusetts Compromise.
State vs Federal jurisdiction is still a contentious subject, but the Bill of Rights obligated the Federal government to guarantee those basic rights. The 14th Amendment codified the Federal government's jurisdiction, even over State laws, in citizen's rights cases, and established the principle that a state law may not violate the Constitution (as Amended).
This is why decisions like Roe v. Wade and Obergefell v. Hodges are valid. In both cases, the Supreme Court found that laws in some states infringed citizen's rights. It also was the basis for reversing the infamous Dred Scott decision, one of the worst ever made. This, to me, is part of the Founder's intent, that we can and should fix our mistakes and, as our understanding and ethics progress, move further toward a fair and just society. We may never be perfect, but we can always keep making progress.
Sometimes the court makes a decision that seems correct for its time (Dred Scott), Brown v Topeka Board of Education (et al) was actually 2 separate decisions. The first went with the Dred Scott precedent, Brown II overturned it.
The bill of rights originally did not apply to the states. Each state had its own constitution and its citizens were granted (or not) rights through it' 14th amendment applied US Constitution to states.
We can never get it right, at least not for all times. and a workable solution is not always an optimal one. One only hopes we keepmaking progress.