Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: BykrBayb
Didn't there used to be something in the Constitution about people having rights? Are all rights really reserved for the States? Amazing!

The genesis of incorporation has been traced back to either Chicago, Burlington & Quincy Railway Co. v. Chicago (1897) in which the Supreme Court appeared to require some form of just compensation for property appropriated by state or local authorities (although there was a state statute on the books that provided the same guarantee) or, more commonly, to Gitlow v. New York (1925), in which the Court expressly held that States were bound to observe First Amendment free speech protections. Since that time, the Court has steadily incorporated most of the significant provisions of the Bill of Rights. Exceptions are the Fifth Amendment right to an indictment by a grand jury, the Seventh Amendment right to a jury trial in civil lawsuits, which have been ruled to only apply in federal courts, and the Sixth Amendment's implicit command that a criminal jury can consist only of twelve members and must reach a unanimous verdict.

Incorporation (Bill of Rights)

Until 1897, it wasn't even a thought. Which means that the 14th Amendment was around for over 30 years before this 'right' that you speak of was divined by liberal judges. You better hope Brown doesn't get nominated by Bush. As libertarian as she is, along with Thomas and Scalia, the incoporated rights 'conservatives' expect may no longer exist if the right case arises. So in answer to your question, no there is not 'something in the Constitution about the citizens of the respective states having rights'

130 posted on 07/06/2005 5:47:32 PM PDT by billbears (Deo Vindice)
[ Post Reply | Private Reply | To 107 | View Replies ]


To: billbears

So the States have a Constitutional Right to order the murder of their citizens, and the citizens have no right to life? Okay, thanks for clearing that up.


132 posted on 07/06/2005 5:50:29 PM PDT by BykrBayb (Impeach Judge Greer - In memory of Terri Schindler <strike>Schiavo</strike> - www.terrisfight.org)
[ Post Reply | Private Reply | To 130 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson