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The problem with Prof. Williams' piece is that it totally ignores the 14th (and 13th & 15th) amendments, which fundamentally altered the relationships between the federal and state governments. The 14th made it clear that there was such a thing as national citizenship and gave the federal government clear authority to ensure that states recognized the rights of citizens of the US and did not violate their rights to equal protection and due process of law, among other things. It is because of these amendments that the federal government, acting through its courts and congress, had the authority to end segregation and discrimination because of race, which I assume Prof. Williams thinks is a good thing.
By the way, the 9th amendment helps protect citizens against overreaching by both state and federal governments, since it makes it clear that the rights of the people are not limited to those enumerated in the Bill of Rights.
Comment: #1
Posted by: Charles Ralston
Sun Jul 20, 2008 12:21 PM
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