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To: Modernman
The Bill of Rights has been incorporated to apply to the States, so State action that results in a constitutional violation is reviewable by SCOTUS.

Incorporated by whom and for what purpose? Certainly the Founders didn't use incorporation into the Fourteenth, so it must have been the High Court. By what authority, other than their own, does the High Court have for incorporation of ANY of our rights?

SCOTUS is not an extention of Congress- it is it's own separate branch of government and has separate powers.

The SC deals with federal legislation, put out by the Congress, and as such its cases are an extension of Congressional legislation.

. Following your interpretation, no court would have jurisdiction over cases involving religion.

Yep. Just like the Founder wanted it to be. Think about it.
132 posted on 10/23/2003 2:50:12 PM PDT by Noachian (If judges make our laws why do we need Congress?)
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To: Noachian
Incorporated by whom and for what purpose?

Incorporated by Section 1 of the 14th Amendment. The 14th Amendment was intended to, among other things, apply the Bill of Rights to the States.

The SC deals with federal legislation, put out by the Congress, and as such its cases are an extension of Congressional legislation.

No, the Supreme Court interprets federal legislation and decides whether a law is Constitutional. SCOTUS is and has always been, an independent branch of government.

Yep. Just like the Founder wanted it to be. Think about it.

Who would decide whether a law violated the religion aspects of the 1st Amendment?

138 posted on 10/23/2003 4:25:30 PM PDT by Modernman ("I'm just a simple man, trying to make my way in the universe."- Jango Fett)
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