Citizens! United! Will Never Be Defeated! (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
May 01, 2024, 01:28:09 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Citizens! United! Will Never Be Defeated! (search mode)
Pages: [1]
Author Topic: Citizens! United! Will Never Be Defeated!  (Read 2938 times)
WhyteRain
Jr. Member
***
Posts: 949
Political Matrix
E: 6.19, S: -2.78

« on: June 25, 2012, 01:21:19 PM »

As a states-righter, I disagree with the decision and the "incorporation doctrine" (that the 14th Amendment sets the federal "Bill of Rights" as "minimum standards" for state governments) that made this decision inevitable.  First Amendment advocates should be cheered though.

State corporate campaign spending limits rejected
By MARK SHERMAN
Associated Press
 
WASHINGTON (AP) -- The Supreme Court on Monday turned away a plea to revisit its 2-year-old campaign finance decision in the Citizens United case and instead struck down a Montana law limiting corporate campaign spending.
 
http://hosted.ap.org/dynamic/stories/U/US_SUPREME_COURT_CAMPAIGN_FINANCE_MONTANA?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2012-06-25-10-07-37
Logged
WhyteRain
Jr. Member
***
Posts: 949
Political Matrix
E: 6.19, S: -2.78

« Reply #1 on: June 25, 2012, 03:39:52 PM »

And there you have it, folks. American democracy is dead.

I'm ready to join you in supporting the end of the "incorporation doctrine" that mandated this decision.

But I think you'd prefer to have it just selectively implemented, the way it used to be.

Incorporation of the Bill of Rights
From Wikipedia, the free encyclopedia

The incorporation of the Bill of Rights (or incorporation for short) is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government. Under the incorporation doctrine, most provisions of the Bill of Rights now also apply to the state and local governments, by virtue of the due process clause of the Fourteenth Amendment of the Constitution.
 
Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in Barron v. Baltimore that the Bill of Rights applied only to the federal, but not any state governments. Even years after the ratification of the Fourteenth Amendment, the Supreme Court in United States v. Cruikshank still held that the First and Second Amendment did not apply to state governments. However, beginning in the 1920s, a series of United States Supreme Court decisions interpreted the Fourteenth Amendment to "incorporate" most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments[/color]
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.031 seconds with 13 queries.