Why do you not have Constitutional Rights? First, the United States Supreme Court expanded its powers. It gave itself the power to veto Congress and the President in 1803. Next, The Supreme Court said it had the power to interpret the United States Constitution. They claim that it was written vaguely and needed interpretation. They claimed they were the office to do that in 1809. Next, in 1833 the United States Supreme Court said that the Bill of Rights do not apply to the States. Meaning, the States are not obligated to protect anyone’s Bill of Rights. This was unanimously voted for by the Supreme Court justices. They claim the Bill of Rights was designed to prevent the Federal powers from impeding the States. They claim this was the design of Federalism. The Unisted States Supreme Court also said the States had their own Constitutions before the Federal Constitution.
Stare Decisis was used by the Supreme Court as early as the 1800′. This claimed precedents had greater legal rights then the Constitution itself. Claiming, prior judgements involving the Constitution stood firm unless challenged. They claim it is to promote consistency.
Later, in 1958 (Aaron v. Cooper) the Supreme Court said that any interpretation of the Constitution falls under the Supremacy Clause. This gave the Supreme Court as much power as the Constitution itself.
WE THE PEOPLE were without Constitutional protections from their own States from 1833 until 1868. That is almost 35 years. The 14th Amendment came to give protection to the Slaves, and those of various races. Controversies still surround the ratifying process of the 14th Amendment. Federalism was to give the Federal Government expressed and enumerated powers. However, the 14th Amendment expanded those enumerated powers to “life, liberty and property”. You will remember this by the 5th Amendment and The Declaration of Independence unalienable rights of WE THE PEOPLE. What the 14th Amendment did was weaken the unamiable right and made them alienable. It claimed that a procedural right is all the separated you from your family and home. Later, the Supreme Court said that the 14th Amendment not only procedural protections, but substantive However, the Supreme Court has admitted recently that this has gotten out of hand and no such thing exists as substantial rights. What this did was slowly incorporate all the other (for the most part) Bill of Rights to the State. However, the Bill of Rights was the fulfillment of the unamiable promises of the Declaration. Therefore, the incorporation included the conditional clause to each and every one of these rights. Also, the Federal Courts claim that the 11th Amendment (Federalism) prevents them from challenging a State Court decision. And claim, that section 5 of the 14th Amendment suggests that a legislative act of Congress is needed to challenge a State Court decision today (if not enumerated in the Constitution).
Long story short, you do not have any Bill of Rights protections by the States. The Supreme Court has logically argued them away. Therefore, you will start to see the States taking away your guns, children, family, homes, right to privacy away quickly.
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