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To: tpaine
"doctrines that were unknown to the states that ratified it."

Not only unknown to the states, but to the Congress and the USSC! For 100 years after it was ratified!

They all still thought the BOR applied only to federal government. The unenlightened fools!

337 posted on 06/04/2006 1:08:47 PM PDT by robertpaulsen
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To: robertpaulsen
They all still thought the BOR applied only to federal government. The unenlightened fools!

Yeah! Those darn prohibitionary prohibitionists unconstitutionally prohibited constitutionally guaranteed constitutional rights instead of reasonably regulating using constitutional due process and stuff like that.

By cracky.

340 posted on 06/04/2006 1:15:16 PM PDT by Mojave
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To: robertpaulsen
It's always fascinating to see the prohibitionist fundies argue that the 14th Amendment has secret meanings that enable incorporation doctrines to be applied to it, -- doctrines that were unknown to the states that ratified it.

Not only unknown to the states, but to the Congress and the USSC! For 100 years after it was ratified!

Try reading some history, robbie:

"-- The debate over whether the Fourteenth Amendment makes applicable against the states all of the protections of the Bill of Rights is one of the most important and longest-lasting debates involving interpretation of the  U. S. Constitution. 
The Supreme Court's first interpretation of the scope of the Fourteenth Amendment, adopted in 1868, was rendered in The Slaughterhouse Cases just five years later.  By a 5 to 4 vote the Court in that case narrowly interpreted the Privileges and Immunities Clause, thought to be the most likely basis for enforcing individual rights against states.
  In subsequent cases, attention focused on the Due Process Clause. 
Beginning in the early twentieth century the Court began to selectively incorporate some of the specific provisions of the Bill of Rights while rejecting the incorporation of others. --"

They all still thought the BOR applied only to federal government. The unenlightened fools!

Fools they indeed were for ignoring the words of Article VI:

"-- every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. --"

344 posted on 06/04/2006 2:17:18 PM PDT by tpaine
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