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To: JeffAtlanta
The First 10 Amendments to the Constitution as Ratified by the States
December 15, 1791
Preamble

Congress OF THE United States begun and held at the City of New York, on Wednesday the Fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States, all or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.:

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

This clearly is all the "incorporation" the Amendments need to be part of the "Supreme Law of the Land", the "laws of any State to the contrary notwithstanding", and "the Judges of every State shall be bound thereby".

483 posted on 03/22/2007 10:30:22 AM PDT by Dead Corpse (What would a free man do?)
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To: Dead Corpse

Again, that is not how the courts see it and is not legal reality. You guys can post snippets of the constitution all you want, but John Marshall and his court had access to this same words as have all of the subsequent Supreme Court justices and they don't see that way.

The bill of rights only apply to the federal government - that has been settled law for almost 200 years.

Overturning Barron v Baltimore, a landmark decision made almost 200 years ago by one of the most revered justices and a contemporary of the ratification, is just very unlikely. Especially since every court since that time and even those after the 14th amendment have had the opportunity to do it but have refused to.

For better or worse, total incorporation of the bill of rights via the 14th amendment is our best hope.


485 posted on 03/22/2007 10:37:44 AM PDT by JeffAtlanta
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