1.11: Doesn't the U.S. Constitution only apply to the Federal Government?
Description
This article is from the Lawful Arrest/Search/Seizure FAQ, by Ahimsa Dhamapada ahimsa@mu.clarityconnect.net with numerous contributions by others.
1.11: Doesn't the U.S. Constitution only apply to the Federal Government?
No. The U.S. Constitution binds what the States can and
cannot do in many places (example: Article I sec, 9-10),
and the Bill of Rights.
Even in places where it specifically mentions the Federal
Government, it has widely been interpreted as applying to
the States as well. An example is the First Amendment:
"Congress shall make no law ... abridging the
freedom of speech..."
Despite the language "Congress shall make no law", in
hundreds of cases over the last few decades the Supreme
Court has upheld that the right to free speech (as well
as the others listed in the Bill of Rights) are so sacred
to us as a people, that the State Governments have been
compelled to not trod upon them.
Now what about corporate employers? Are they exempt
for being compelled to observe and respect the rights
of their employees? Perhaps, but consider that corporations
are created by their "State Charter". In this way, the
"private corporate business sector" might actually be
considered a branch of the government. Corporations
certainly are a creation of the government!
Remember, you cannot convey a right which you don't already
have. Thus, if the State has no right abridge the freedom of
speech, they cannot create an entity (like a corporation)
which *does*.
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