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To: robertpaulsen
"These eight articles I have shown never were limitations upon the power of the States, until made so by the Fourteenth Amendment."

That pretty much settles the question of original intent -- the incorporation doctrine is precisely what the language was intended to establish. The courts have bastardized the doctrine by inventing the notion of "selective" incorporation, but judicial shenanigans of this sort are old news to FReepers.

"The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states."

That means precisely what the writer said it meant: a citizen is entitled to the same protections against each individual state government corresponding to the protection he is entitled to against the federal government of the several states.

178 posted on 07/13/2004 9:47:58 AM PDT by steve-b (Panties & Leashes Would Look Good On Spammers)
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To: steve-b
"These eight articles I have shown never were limitations upon the power of the States, until made so by the Fourteenth Amendment."

And how were they "made so" by the 14th amendment? Not by the USSC, that's for sure. See my post #179.

The courts weren't even allowed "selective incorporation". This was to be a function of Congress.

182 posted on 07/13/2004 9:59:57 AM PDT by robertpaulsen
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