The supremacy clause acts to preempt state laws when they operate in the same sphere as federal law. The Bill of Rights limited only the National government and congress and not state governments so the supremacy clause was not relevant. http://info.legalzoom.com/meant-selecti ... 20152.html Sorry to give you a Legal Zoom explanation, but I really don't feel like teaching Constitutional Law and History 101 today.
Interesting. Why didn't the founders compel the states to extend the Bill of Rights to their citizens? Regardless of the supreme court's decision, I still interpret the constitutional supremacy clause as meaning the entire constitution supersedes state law. In fact, it also says that any powers not explicitly given to the federal government by the constitution shall remain with the states. So if the power to give certain civil rights is in the constitution, then those same rights ought to be guaranteed by the states.
I'll let King respond when he gets on and then if a mod would like to lock this, I think it's served its purpose. I can't believe such a slow thread has been in AT for so long. This game must be slowing down quite a bit. Being part of KaW forums has been a lot of fun. I'm amazed this game has lasted so dang long. Kudos to the devs. This game has staying power, that's for sure. Probably one of the longest lasting tap tap games of all time. Good seeing y'all again. It's been fun ️
"No man is good enough to govern another man without that others consent." [Abe Lincoln's Speech, Peoria, Illinois, Oct 16, 1854]
Sorry to take so long to get back to you. The Supremacy Clause only operates where state laws are inconsistent with Federal law - but the laws have to be pretty much about the same thing. At the time, the Bill of Rights only limted the laws the Federal Government made (exp. "Congress shall make no law . . .). So when the states made laws regarding speech, religion, guns, quartering soldiers, etc. . . , there was no conflict with Federal law, because the states were not prohibited from making those laws - only Congress. At that time, the Supremacy Clause did not apply. It was not until later (like 14th Amend) that the Bill of Rights was selectively incorporated to apply to the states (some of it still isn't - see grand jury), and the Supremacy Clause overrode state law on those matters. Early Constitutional law was a very different matter. Wish I knew as much about England's laws and history - didn't they have the magna carte, otherwise known as the Japanese comic style long orange vegetable?
Bill of rights is based on the Magna Carta Libertatum Sir Edward Cokes' 4th institutes on the lawes of England was also pretty influential around the time of the revolution I believe it was Jefferson who said our whole system is basically based on Cokes treatise
British police state is a very real statement. The only country that rivals Britain in that sentiment is Canada. The USA has also been on the receiving end via the censorship of (mostly) Right wing views.