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To: OneWingedShark

The 14th Amendment has been viewed by the federal courts as incorporating the Bill of Rights into the state constitutions. The 1st Amendment stands as written, but is incorporated upon the states by the 14th. That’s how the courts view it.


47 posted on 08/17/2013 4:06:25 PM PDT by Publius (And so, night falls on civilization.)
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To: Publius
The 14th Amendment has been viewed by the federal courts as incorporating the Bill of Rights into the state constitutions. The 1st Amendment stands as written, but is incorporated upon the states by the 14th. That’s how the courts view it.

It cannot stand as written and be 'incorporated' with any effect because as written it only constrains an entity called congress, not a 'legislature' — therefore, they're full of shit.

51 posted on 08/17/2013 4:13:02 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Publius
Yep, scotus is adept at unconstitutionally enhancing its own powers.
52 posted on 08/17/2013 4:13:53 PM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
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