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To: budwiesest
The intent of the BOR was a restriction on the federal government only. It's in the Preamble to the Bill of Rights and was confirmed by the 1833 Barron v Baltimore opinion.
254 posted on 05/07/2007 9:25:25 AM PDT by robertpaulsen
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To: robertpaulsen
The intent of the BOR was a restriction on the federal government only.

Actually no. The Preamble and text of the ratified legislation purposing the Amendments applies the Amendments as part of the Constitution. As such, they apply to the States via ARt 4 Set 2 and Art 6 para 2.

257 posted on 05/07/2007 9:35:51 AM PDT by Dead Corpse (What would a free man do?)
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To: robertpaulsen

So you are saying that the states can pass laws restricting your speech (ie. not allowing you to speak against bills being considered in your state), remove the ability to have a trial by jury on common law suits where the value in controversy exceeds twenty dollars, allow excessive bail, require people to testify against themselves, not allow people to know why they are being tried, not allow defense witnesses, allowing slavery, etc.?


259 posted on 05/07/2007 10:09:14 AM PDT by looscnnn ("Those 1s and 0s you stepped in is a memory dump. Please clean your shoes." PC Confusious)
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To: robertpaulsen
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..

Notice: "public confidence", as opposed to "state's confidence". An an individual, I consider myself a member of the public the moment I step out my door.

302 posted on 05/07/2007 9:07:27 PM PDT by budwiesest (Lots of evil out there needs addressing.)
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