“If the Bill of Rights was intended to place strict limits on federal power and protect individual and locality from the national government—the 14th Amendment effectively defeated that purpose by placing the power to enforce the Bill of Rights in federal hands, where it was never intended to be. Put differently, matters previously subject to state jurisdiction have been pulled into the orbit of the judiciary.”

—  Ilana Mercer

"Whodunit? Who Meddled With Our Democracy?" Part 2 http://american-exceptionalism.org/whodunit-who-meddled-with-our-american-democracy/, The Heartland Institute, May 18, 2018.
2010s, 2018

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South African writer

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“If the Bill of Rights was intended to place strict limits on federal power and protect individual and locality from the national government—the 14th Amendment effectively defeated that purpose by placing the power to enforce the Bill of Rights in federal hands, where it was never intended to be.”

Ilana Mercer South African writer

“Conned About Marriage, Constitution and States’ Rights” http://www.wnd.com/2014/01/conned-about-marriage-constitution-and-states-rights, WorldNetDaily.com, January 23, 2014.
2010s, 2014

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“Most matters previously subject to state jurisdiction have been pulled into the orbit of the judiciary. So much for Alexander Hamilton's promise, in Federalist No. 78 (May 28, 1788), that the Judiciary would be the weakest of the three branches of his proposed government.”

Ilana Mercer South African writer

“Conned About Marriage, Constitution and States’ Rights” http://www.wnd.com/2014/01/conned-about-marriage-constitution-and-states-rights, WorldNetDaily.com, January 23, 2014.
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“[A] Bill of Rights directed against federal abuses was thought necessary in addition to the separation and division of powers...”

Laurence Tribe (1941) American lawyer and law school professor

Source: American Constitutional Law (1978), Approaches to Constituitonal Analysis

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“The unlimited power of the sword is not in the hands of either the federal or state governments but where, I trust in God, it will always remain, in the hands of the people.”

Tench Coxe (1755–1824) American economist

Source: http://www.friesian.com/quotes.htm Pennsylvania Gazette], Feb. 20, 1788.

https://www.newspapers.com/newspage/41022229, archived image from newspapers.com, Pennsylvania Gazette, Feb. 20, 1788 page 2 column 2

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“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts.”

Robert H. Jackson (1892–1954) American judge

319 U.S. 638
Judicial opinions, West Virginia State Board of Education v. Barnette (1943)
Context: The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.

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