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To: FredZarguna
Oh yeah...

Incorporation is a real doctrine of the Federal Courts.

Incorporation was no part of any of the Debates in the Constitutional Convention, nor teh 1st or 2nd Congresses as chronicaled in Elliot's Debates.

Nope. It was something an activist court came up with to try and pull an end run around the 14th.

As I pointed out, the legislation used to add the BoR to the Constitution included an "incorporation" clause. Ratified by the States themselves, and they even debated this very point, they knew exactly what applied to whom.

Our Rights are our Rights. Saying they can't be infringed by the FedGov, but then infringable by the States, makes no sense at all. Those in the BoR are our COMMON heritage as US citizens.

155 posted on 04/25/2009 6:52:48 PM PDT by Dead Corpse (III)
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To: Dead Corpse
Nope. It was something an activist court came up with to try and pull an end run around the 14th.

Not even close. That the BoR in the Federal Constitution didn't apply to the States was settled in 1833. Amendment XIV was ratified in 1868. Furthermore, you've got it EXACTLY BACKWARDS. Incorporation is a theory of law which employs the XIVth Amendment, and does not try to "end run around it." At. All.

157 posted on 04/25/2009 7:26:48 PM PDT by FredZarguna (It looks just like a Telefunken U-47. In leather.)
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