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The courts have created a legal fiction of "selective incorporation", notwitstanding the fact that the original intent of the 14th Amendment clearly requires a full incorporation of Amendments I-VIII (the Ninth and Tenth don't contain any specific guarantees to incorporate).


45 posted on 10/31/2005 10:45:53 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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To: steve-b
The courts have created a legal fiction of "selective incorporation", notwitstanding the fact that the original intent of the 14th Amendment clearly requires a full incorporation of Amendments I-VIII (the Ninth and Tenth don't contain any specific guarantees to incorporate).

The one and only amendment that lends itself to incorporation was the one beginning "Congress shall make no law...". And that is simply not a function of the courts anyway. If the people wanted to incorporate it then the people could and should have done it through the amendment process.

Other amendments such as the Second don't need incorporation or an amendment, they mean what they say.

65 posted on 10/31/2005 11:47:04 AM PST by jwalsh07
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