The point that is lost in all the media hooplah is that the First Amendment originally only restricted the federal government–not the states. It was after the 14th Amendment was ratified, and the Supreme Court started liberally interpreting its Due Process and Equal Protection clauses that the First Amendment came to restrict both the federal government and the states.
This likely strikes readers as a technicality, and I suppose it is, but it also fundamentally altered the fabric of our society, and has sinister undertones for both sides.
For example, Roe v. Wade (something many in CT support) is supported based in large part on the 14th Amendment. However, should a more conservative Supreme Court someday decide that a fetus is a citizen, the same 14th Amendment could be used to ban abortion outright, and (aside from either trying to pass an amendment that the Bible Belt would strike down, or nullifying or ignoring the court’s decision) there would be very little we could do about it.
It’s a double-edged sword, and I wish more people would realize that powers surrendered to the federal government during one party’s rule can and will be used during the next party’s rule.
This is one strong reason why candidates like Martha Dean deserve fair consideration by anyone who thinks CT can make better decisions for CT than DC can.
The point that is lost in all the media hooplah is that the First Amendment originally only restricted the federal government–not the states. It was after the 14th Amendment was ratified, and the Supreme Court started liberally interpreting its Due Process and Equal Protection clauses that the First Amendment came to restrict both the federal government and the states.
This likely strikes readers as a technicality, and I suppose it is, but it also fundamentally altered the fabric of our society, and has sinister undertones for both sides.
For example, Roe v. Wade (something many in CT support) is supported based in large part on the 14th Amendment. However, should a more conservative Supreme Court someday decide that a fetus is a citizen, the same 14th Amendment could be used to ban abortion outright, and (aside from either trying to pass an amendment that the Bible Belt would strike down, or nullifying or ignoring the court’s decision) there would be very little we could do about it.
It’s a double-edged sword, and I wish more people would realize that powers surrendered to the federal government during one party’s rule can and will be used during the next party’s rule.
This is one strong reason why candidates like Martha Dean deserve fair consideration by anyone who thinks CT can make better decisions for CT than DC can.