Article IV, Section 2, Clause 1 of the Constitution reads: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”
The Fourteenth Amendment reiterated the rights inherent in this clause in the original Constitution, spelling them out in detail so that there could be no mistaking what the clause was intended for.
If the privileges and immunities of citizens of the several states are to be uniform across the states then there must be a federal enforcement of those privileges and immunities. Here in Article IV of the Constitution lies a power of the federal government to overturn state laws that have violated the privileges or immunities of United States citizens, to include those rights, individual or collective, underlying all federal laws and the natural and God given rights inherent in a free people.
The Fourteenth Amendment begins "All persons born or naturalized within the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Intent of this clause is a spelling out of the article IV clause, and to extend citizenship to former slaves. "The jurisdiction" of the United States entitles "citizens of the several states" to "all privileges and immunities" of citizens of the United States.
The second clause of the Fourteenth Amendment completes Article IV, reading: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United State”.
Due process is a fundamental right of free citizens and therefore is inherent to the privileges and immunities of United States citizens. The Fourteenth Amendment, in it's third clause, extends the right to due process to even non-citizens, who otherwise do not have all of the privileges and immunities of United States citizens:
"[N]or shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws".
Equal Protection, inherent in Due Process, is merely spelled out in plain language so there can be no mistaking that Negroes are equal to Whites under the law, whether a citizen or non-citizen.
The Fourteenth Amendment, having created no new powers excepting a due process extension to non-citizens and birthright of citizenship, cannot be construed as a new law which gave the federal government an authority to usurp the power of state government, for the federal balance of powers between Washington and the States is, itself, a privilege or immunity of United States citizens. The Ninth and Tenth amendments, created three years after the Article IV Privileges and Immunities Clause in the original Constitution, unerringly place most powers in the hands of the States, and respectively the citizens, not with the federal government.
The federal Supreme Court should not be regulating religion in the States nor should it be involving itself in a redefining of moral values. The religious values upon which this nation was founded are binding, unless and until the people of the United States give new instructions to the Court. Religious freedom is to be federally protected. Non-procreative deviant sexual activity cannot be a fundamental right of free citizens, but the people through their local governments may freely tolerate or condone such values, as many do today.
The States' Liberty Party has made initial contact with lawyers for Alabama Supreme Court Justice Roy Moore, and will attempt to submit an Amicus Brief in support of the Ten Commandment's display in Moore's courthouse.
We hold that the States have a constitutional right to establish State religions, an apparent stronger States' rights argument than Justice Moore is wishing to put forth at this time. Our draft brief, which is the process of being completed and formatted for Supreme Court acceptance now, can be read online at http://liberty-ca.org/documents/brief_cj_moore.doc. We welcome suggestions and ideas toward a successful submission of the brief.
Anyone may submit an Amicus Brief in support of either or neither side, but must receive permission from both parties to the lawsuit or from the Court. The States' Liberty Party has received guidance and help from several Findlaw message contributors with legal backgrounds.
Readers may offer comments to editor@statesliberty.org.
The California Recall has become a power struggle between establishment Republicans and establishment Democrats. These same establishment politicians had once argued that a Recall was impossible and would be bad for California.
The States' Liberty Party endorses "States' rights" for governor, now unconcerned whether the recall succeeds or not, for big-money interests are bound to determine future state policies.
We accomplished the exceptional feat of being listed by Gray Davis as one of just eleven extremist organizations supporting the Recall. See "Taxpayers Against the Recall", at www.stoptherecall.com. Click on "Who's Behind the Recall" to find the "offending" organizations.
We do not believe that any of the candidates positioning themselves to win will be helpful toward furthering our message of States' rights, religious principles, and moral values.
If the Recall has helped and further helps States' rights and religious principles, then it will have been a successful campaign, and we are confident that this has already happened.
The States' Liberty Party recall site is at www.RecallGrayDavis.INFO, and is not affiliated with the official recall effort.
Editor,
The story of Gray Davis an his shoe shine boys calling us conservatives extremist is par for the course for the state of California an the anti-American hordes that live there. Only Communist or Marxist/Democrats would call us extremist because they are trying to tear down the foundation that this country was built on an subvert the will of the Citizens of California. We love the Fox political poll that shows only 23 percent white folks will vote Marxist/Democrat.
Ray Wilkins
Editor,
I thought that Arnold movies are not to be shown during the recall campaign period due to campaign rules. Well the Terminator was shown on TNT from 9:00pm to 10:30 on August 22, 2003. What about the rule of equal time.
A contributor
Editor,
A contributor
Editor
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