Where did our Constitution go ??? and why don't the Courts follow it ??

[tiredofmildred]

especially in NY ?

[psholtz]

Enforcement of (private) contracts and contract law will generally override Constitutional protections.

[netwrkranger]

.. a 14th Amendment citizen, you ARE NOT a full party to the Constitution nor do you have access to all its provisions.

Source: Incorporation (Bill of Rights)

Rep. John Bingham, the principal framer of the Fourteenth Amendment, advocated that the Fourteenth apply the first eight Amendments of the Bill of Rights to the States[citation needed][5]. The U.S. Supreme Court subsequently declined to interpret it that way. Until the 1947 case of Adamson v. California, Supreme Court Justice Hugo Black argued in his dissent that the framers' intent should control the Court's interpretation of the 14th Amendment, and he attached a lengthy appendix that quoted extensively from Bingham's congressional testimony.[6] Though the Adamson Court declined to adopt Black's interpretation, the Court during the following twenty-five years employed a doctrine of selective incorporation that succeeded in extending to the States almost of all of the protections in the Bill of Rights, as well as other, unenumerated rights. The 14th Amendment has vastly expanded civil rights protections and is cited in more litigation than any other amendment to the U.S. Constitution.[7]

Partial versus Total incorporation

In the 1940's and 1960's the Supreme Court gradually issued a series of decisions incorporating several of the specific rights from the Bill of Rights, so as to be binding upon the States.[8] A dissenting school of thought championed by Justice Hugo Black supported that incorporation of specific rights, but urged incorporation of all specific rights instead of just some of them. Black was for so-called mechanical incorporation, or total incorporation, of Amendments 1 through 8 of the Bill of Rights.[9] Black felt that the Fourteenth Amendment required the States to respect all of the enumerated rights set forth in the first eight amendments, but he did not wish to see the doctrine expanded to include other, unenumerated "fundamental rights" that might be based on the Ninth Amendment. Black felt that his formulation eliminated any arbitrariness or caprice in deciding what the Fourteenth Amendment ought to protect, by sticking to words already found in the Constitution. Although Black was willing to invalidate federal statutes on federalism grounds, he was not inclined to read any of the first eight amendments as states' rights provisions as opposed to individual rights provisions.[9] Justice Black felt that the Fourteenth amendment was designed to apply the first eight amendments from the Bill of Rights to the states, as he expressed in Adamson v. California. [10] This view was again expressed by Black in Duncan v. Louisiana: "'no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States' seem to me an eminently reasonable way of expressing the idea that henceforth the Bill of Rights shall apply to the States."[11]

And that... is where your Constitution went.... correct status first. I know the article says it applies against the States, but let me pose two questions:

What happened to substantive due process of law?
What happened to substantive rights?

Regards,
netwrkranger

[netwrkranger]

... the Constitution doesn't apply because most courts are either courts in equity or admiralty rather than courts at law.

- netwrkranger

[psholtz]

Originally Posted by Little Brother 192

Am I a half member to it?

Slaves were 3/5 members..

[mrg]

Some truth from the code-ster!

Before the ink was even dry, Tory Loyalist Bastard Esquire Attorneys, and their Esquire banker owners began to wage Holy War upon it, much like King John did to the Barons of Runnymeade.

It might indeed appear that the constitution "went nowhere;" for, from what I see, we are pretty much full circle back to "When in the course of human events..."

[BOBT12]

Originally Posted by mrg

Little Brother 192 It went nowhere.

What constitutional provision are you feeling is not being fairly upheld?

It would be helpful to know more.

Indeed, the constitution(s) may still be around, however, there is some credible evidence to suggest that in many cases the judges, unjustly, will not permit such issues to be raised in court. Please see Court Corruption for more information.

[tiredofmildred]

After being a pro se litigent fighting for "JUSTICE" against an evil Attorney, who is also pro se, I have been reading alot about the Constitution like I have never before. When I went to Court in Suffolk County, NY, I had NO RIGHTS. I was denied a hearing( stated on the record) and me and my daughter were denied due process. I have been abused mentally and verbally by this "shyster", harassed and have been dragged through Courts to answer frivilous lawsuits by this vexacious litigant(lawyer).
She's a Lawyer, part of the Corrupt Bar, I feel like a Slave to the Courts. Where's Honest Abe when you need him?
So I ask, Where did the Constitution go in the Courts ???????
Why can the Judges and the Shysters do what they want with little or no repricusions ??
What happens to those who cannot afford an Attorney, who have to feed their children and put gas in there cars, and does not have the knowledge of these wonderful forums to reach out to and ask questions to you generous people who give so much time to help others ? It doesn't say this in the Constitution. I didn't want to get so emotional, but I hope I was a little more clear everyone.

[rottweiler]

Here is your solution but you have to be patient and listen to all the files and read all the material. Then you will be on the right track to kick some a$$ in court!

http://www.1215.org/lawnotes/lawnote...nty/index.html
http://www.1215.org/lawnotes/lawnote...rms/index.html
http://www.1215.org/lawnotes/lawnote...ons/index.html
http://www.1215.org/

[tiredofmildred]

Little Brother 192, The Lawyer is a mean women. I live in New York and I did some checking on this type of lawsuit and I found that it has mostly been done in Florida and California, not in NY, especially in the County I live in , Suffolk County. Do you agree.
Can you or anyone add any more information on this type of lawsuit in NY?