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To: uncbob
And aren't the states prohibited by another amendment from banning things congress is banned from like freedom of religion and free speech --needing search warrants etc etc

This is called the incorporation doctrine. That doctrine 'incorporates' the bill of rights (in part) to apply against the states by way of the 14th amendment.

The incorporation doctrine was one of the most pernicious left-wing judicial inventions of the 20th century. It is, for example, the reason that Roe could be applied against STATE laws and why the states cannot sponsor religious activities. Without the incorporation of the bill of rights (which limits only the federal government) to apply against the state governments, most of the left wing judicial activism of the past century would simply fold up and disappear.

The 14th amendment should be reinterpreted to conform to it's obvious original intent--to prevent states from reestablishing slavery under another name. Thus, it protects slaves and their descendants rather strongly. It protects noone else.

24 posted on 10/31/2005 9:54:28 AM PST by ModelBreaker
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To: ModelBreaker
Without the incorporation of the bill of rights (which limits only the federal government)

Really? Explain Art 6 para 2. Also, explain the Pre-amble to the BoR. Also explain why language was removed from the Second Amendment during the debates that removed the words "by Congress" from after the words "shall not be infringed" but was left with the deliberately broader implications.

Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual. Thomas Jefferson

29 posted on 10/31/2005 10:04:30 AM PST by Dead Corpse (Anyone who needs to be persuaded to be free, doesn't deserve to be. -El Neil)
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To: ModelBreaker
The incorporation doctrine was one of the most pernicious left-wing judicial inventions of the 20th century.

Nope.

It is a cardinal principle of statutory construction that the intent of the lawmaker constitutes the law. This principle also applies to constitutional law. In this case, we have a direct quote from the individual who framed the wording of the first section of the Fourteenth Amendment -- "letter for letter syllable for syllable." The intent of section 1 of the Fourteenth Amendment, as stated by its author, was to make the limitations enumerated in the first eight amendments of the Bill of Rights applicable to the States.

48 posted on 10/31/2005 10:51:23 AM PST by steve-b (A desire not to butt into other people's business is eighty percent of all human wisdom)
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