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To: robertpaulsen

No - as already demonstrated above re: Article 6. It was not needed (an amendment to apply the BOR to the states) because it ALREADY APPLIED.


54 posted on 06/02/2004 2:23:32 PM PDT by RKV (He who has the guns makes the rules.)
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To: RKV; arthurus
Did the first amendment apply to the states? I mean, it states, "Congress shall make no law ...". But you insist it applied to the states, huh? How is that some states had a state-sponsored and state-funded religion (Congregationalism) until the the mid-19th century?

"State government support for Congregationalist churches did not end until 1818 in Connecticut and not until 1834 in Massachusetts."
--mb-soft.com/believe

What about free speech? You're saying that free speech applied to the states?

Wrong. Not until 1925, in Gitlow v. New York, 268 U.S. 652, 666 (1925), when it was incorporated under the due process clause of the 14th amendmnent.

OK. The fourth amendment (unreasonable searches and seizures). A fundamental right protected by the states? Yes?

Nope. Not until 1914 in Weeks v. United States, (1914). Prior to that, the states didn't need a warrant. How about that?

The sixth amendment, specifically the right to an attorney. (Recall the Miranda warning ... "you have the right to an attorney ...?)

No. You didn't have that right protected under the states until 1963! [see GIDEON v. WAINWRIGHT, (1963)].

I can go on, but I think you see my point.

The BOR originally applied only to the newly-formed federal government. Years after the passage of the 14th amendment, some, but not all, of the BOR were applied to the states in a process known as selective incorporation.

The second amendment has not been incorporated, and only applies to the federal government. Your gun rights are secured by your state constitution.

114 posted on 06/03/2004 8:08:37 AM PDT by robertpaulsen
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