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Pastimes : Let's Talk About Our Feelings!!!

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To: jbe who wrote (41631)6/23/1999 6:45:00 PM
From: nihil  Read Replies (2) of 108807
 
The Articles of Confederation and the Constitution did not restrict the States except they were guaranteed a republican form of government. Congress was granted certain enumerated powers. Congress never had the power to intervene except to protect the existence of a republican form of government.
In fact most of the states had established religions, and no federal power had the power to intervene. The first amendment applied only to the federal government. The states could be as restrictive as they wished.
The major change was the 14th Amendment (1868). This protected persons against states depriving them of life, liberty, or property without due process of law. It also provided that states could not deprive a person of equal protection of the laws. The gradual incorporation of the original bill of rights into protections against the states by interpretation of the 14th Amendment has been an ongoing process. Today, a state cannot establish religion or interfere with free exercise of religion. They must provide attorneys to protect those accused of serious crimes. They cannot arrest without warrants etc.
Left up to the states without the 14th Amendment we would still live under tyranny.
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