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To: Ken H

Absolutely and positively. Nothing could be more corrupt than the SC picking and choosing which parts of the BOR it wants to incorporate. If the BOR was incorporated by the 14th amendment, then the WHOLE thing was incorporated. As I noted somewhere else: either the 14th was meant or it was NOT meant to make the BOR apply to the states, but it WAS DAMN SURE NOT MEANT to mean the SC gets to decide which rights apply, to whom, when, and get to do so at its leisure. That much I can be sure of.


360 posted on 11/11/2004 5:00:39 AM PST by RayStacy
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To: Ken H; RayStacy
Ken H asked:
Are you in favor of USSC incorporating the Second?

Absolutely and positively.
If the BOR was incorporated by the 14th amendment, then the WHOLE thing was incorporated.

'Incorporation' is not needed, when it is realized that the 14th simply reiterated that the BOR's always did apply to ALL levels of government in the USA, just as Article VI plainly says.
Incorporation is a legalistic fiction, invented by the USSC to increase its power.

As I noted somewhere else: either the 14th was meant or it was NOT meant to make the BOR apply to the states,

Reading the ratification debates from 1868 makes the issue clear. The 14th was meant to re-affirm that the BOR's applied to the states. Much of the debate centered on States that were infringing on former slaves RKBA's.

361 posted on 11/11/2004 5:39:34 AM PST by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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