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To: robertpaulsen
Another amendment that was submitted and rejected was one that stated the BOR would also apply to the states.

Which one was that? When was it submitted in 1866, and by whom?

There was of course an amendment submitted that forbide the states from abridging the priveleges and immunities of citizens of the United States. That one was ratfied in 1868. But of course the same sort of creative interpretation was applied to that one as has been applied to the second amendment. (Ruling that it only protected rights involving areas of federal responsibility, such as freedom to travel on navigable waterways. In spite of the intent of it's Congressional authors, as documented in the Congressional record, that it apply the first 8 amendments to the states)

93 posted on 06/02/2004 7:41:27 PM PDT by El Gato (Federal Judges can twist the Constitution into anything.. Or so they think.)
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To: El Gato
When Thomas Jefferson was compiling the BOR in 1789, an amendment (one of about 200) was submitted by one of the states applying the federal BOR to the states. He rejected this particular amendment.

"In spite of the intent of it's Congressional authors, as documented in the Congressional record, that it apply the first 8 amendments to the states)"

Geez, too bad they just didn't spell it out instead of listing things like "due process" and "priviledges and immunities" and "equal protection", huh?

Now, some would say that the intent of the 14th amendment was to to nullify the holding of the United States Supreme Court in Dred Scott v. Sandford, 19 How. 404 (1856), thereby providing citizenship for former slaves and giving them full civil rights.

But what do they know?

121 posted on 06/03/2004 8:43:44 AM PDT by robertpaulsen
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