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To: Huck
"The Bill of Rights was not intended to put any limits on the states. They had/have their own constitutions, and many have their own Bill of Rights."

Actually, the ORIGINAL intent was that it did indeed put limits on the states (see William Rawles, "A View of the Constitution", written by an eminent jurist of the period). The "not applicable to the states" was invented by Southern jurists to avoid Federal interference with slavery.

28 posted on 04/21/2009 7:01:32 AM PDT by Wonder Warthog ( The Hog of Steel)
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To: Wonder Warthog
William Rawles, "A View of the Constitution

An interesting work, but do you really consider 1830 "of the period?"

30 posted on 04/21/2009 7:32:51 AM PDT by Huck ("He that lives on hope will die fasting"- Ben Franklin, Poor Richard's Almanac)
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To: Wonder Warthog; Huck
Actually, the ORIGINAL intent was that it did indeed put limits on the states (see William Rawles, "A View of the Constitution", written by an eminent jurist of the period). The "not applicable to the states" was invented by Southern jurists to avoid Federal interference with slavery.

Nope. Rawles wrote his View in 1829. Tucker's was the first to be approved and printed by Congress in 1803 [See link in post #27].

Joseph Story wrote his in 1833, and says the exact same thing as Tucker.

§ 312 But a contract of this nature actually existed in a visible form between the citizens of each state in their several constitutions. It might, therefore, be deemed somewhat extraordinary, that in the establishment of a federal republic, it should have been thought necessary to extend its operation to the persons of individuals, as well as to the states composing the confederacy

I am familiar with Rawles work, and cannot recall any such statement. I would appreciate your providing the Book/Chapter/Section to support you assertion.

41 posted on 04/21/2009 8:49:37 AM PDT by MamaTexan (The Founders 4 boxes of FReedom- the soap box, the ballot box, the jury box...and the ammo box)
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