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To: Dog Gone
Most people are under the mistaken impression that all of the Bill of Rights have been extended to the states. It's not true.

True, in fact only some parts of the BoR have been extended to the states.

F.ex.

Freedom of speech - Giltow v. New York (1925)

Right to counsel in capital cases - Powell v. Alabama (1932)

Establisment of religon - Everson v. Board of Education (1947)

The exclusionary rule - Mapp v. Ohio (1961)

Right to counsel in all cases - Gideon v. Wainwright (1963)

Trial by jury - Duncan v. Lousiana (1968)

Some parts of the BoR (like the 2nd Amendment) were never extended to the states and some parts of the BoR (like the Sixth Amendment's implicit guarantee that convictions be obtained only from unanimous twelve-member juries - the Supreme Court held that juries had to be composed of twelve persons and that verdicts had to be unanimous,because it was customary in England) were explicitly limited to the federal government (Burch v. Louisiana in 1979).

136 posted on 01/15/2006 3:24:42 PM PST by Tarkin (Janice Rogers Brown for President!)
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To: Tarkin
"The said Constitution [shall] be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms." --Samuel Adams, Massachusetts' U.S. Constitution ratification convention, 1788

The 2A is a right of the people period as the plain language of the BOR's attests. Who do you suppose "the People" are?

165 posted on 01/15/2006 4:05:34 PM PST by jwalsh07
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