The first Congress sent out 12 amendments to the states to ratify. One would have applied the BOR to the states. It was not ratified. One was for elections before pay raises. Only 10 were ratified, but then the 11th became the 27th amendment later on. So the first Congress also wrote the 27th Amendment.
In Barron v. Baltimore John Marshall told us what was obvious to all constitutional scholars: the BOR does not apply to the states. In my opinion nothing has happened in the time since to change that. However the Court does not care about my opinion, and it reads the DPC of the 14th to allow (require?) selective incorporation.
Yep, sure does. Do you want to tell me what it says in the other nine?
The first Congress sent out 12 amendments to the states to ratify. One would have applied the BOR to the states. It was not ratified.
You want to back that up with proof?
In Barron v. Baltimore John Marshall told us what was obvious to all constitutional scholars: the BOR does not apply to the states.
Wouldn't be the first time a SC Justice was wrong.
Now read the text of the Second Amendment. No such restriction is there. Even during the revision process, they only made it more broad as they wanted an iron clad protection for such an important individual Right.
This itself should give the lie to the claim of self declared "constitutional scholars".
If something is a "right", then no level of government can legitimately infringe on it.
The complete text of the only non-ratified amendment in the original twelve appears below. Kindly point out the section that supports your assertion:
After the first enumeration required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall be not less than two hundred representatives, nor more than one representative for every fifty thousand persons.
Marshalls's opinion not withstanding, it seems silly to suggest that the rights of the Citizens of The United States can be infringed by any of the several states.