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To: justshutupandtakeit
The courts ruled a lot of things that proved to be wrong. Like CFR. But I would be interested to know the case that ruled that the Bill of Rights did not apply to the states.
382 posted on 02/10/2004 2:03:03 PM PST by Double Tap
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To: Double Tap
Barron v. Mayor & City Council of Baltimore, 32 U.S. 243 (1833)
The opinion is written by John Marshall, ratifer of the Constitution and particiapant in the dabates over it.

"...But it is universally understood, it is a part of the history of the day, that the great revolution which established the Constitution of the United States was not effected without immense opposition. Serious fears were extensively entertained that those powers which the patriot statesmen who then watched over the interests of our country deemed essential to union, and to the attainment of those invaluable objects for which union was sought, might be exercised in a manner dangerous to liberty.
In almost every convention by which the Constitution was adopted, amendments to guard against the abuse of power were recommended. These amendments demanded security against the apprehended encroachments of the General Government -- not against those of the local governments.
In compliance with a sentiment thus generally expressed, to quiet fears thus extensively entertained, amendments were proposed by the required majority in Congress and adopted by the States.
These amendments contain no expression indicating an intention to apply them to the State governments. This court cannot so apply them. "

Judges who won't read what they want into the Constitution weren't so rare back then.

Frankly I do not understand why people wish to rewrite the Constitution over this. The 14th Amendment was expressly written to extend the Second to the states anyway.

387 posted on 02/10/2004 3:49:18 PM PST by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice... Hillary Rodham Clinton ")
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