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To: airborn503
But you don't want to challenge 'incorporation doctrine', it seems. Why is that?

The thing that bugs me about forums such as this is that people read something and all sorts of replies come to their minds, some of which they choose to post. Some of those replies accuse/attack someone on a totally wrong basis. I'm guilty of it too, I'm sure.

I have spoken about incorporation in other posts on this forum. I don't know how to find them, and frankly don't have the energy to. I said it's a mess, it does not represent the intent of the authors and ratifiers of the 14th amendment. I believe that, and the expert is Raul Berger and the book is "Government by Judiciary." Anyone who has not read the book is not ready for the discussion. It is that important a piece of scholarship.

The problem for your position is that absent incorporation, no part of the BOR applies to the states, except the 9th in some unspecified way, and the 10th, where it affirms the reserved powers of the states.

If you disagree with that please give me a CASE CITATION, not someone's philosophy. We are talking law here, not philosophy. I will check to see your reply, but if it's not case citations I'm finished with this very enlightening thread.

100 posted on 11/01/2005 9:43:14 PM PST by phelanw
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