Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: ctdonath2
The 5th Amendment was incorporated to the states by SCOTUS.

The 5th Amendment guarantee of a grand jury in criminal prosecutions doesn't apply to the states.

The 7th Amendment was incorporated to the states by SCOTUS.

The right to a jury for a civil trial under the Seventh Amendment doesn't apply to the states.

475 posted on 05/17/2002 12:04:13 AM PDT by Roscoe
[ Post Reply | Private Reply | To 443 | View Replies ]


To: Roscoe; ctdonath2
To: ctdonath2
The 5th Amendment guarantee of a grand jury in criminal prosecutions doesn't apply to the states.
The right to a jury for a civil trial under the Seventh Amendment doesn't apply to the states.
# 475 by Roscoe

******************

I disagree, Roscoe.

Unless there's an Amendment to supersede the 14th,
"privileges or immunities of citizens of the United States"
must be honored by the many States.

484 posted on 05/17/2002 12:17:44 AM PDT by exodus
[ Post Reply | Private Reply | To 475 | View Replies ]

To: Roscoe
So you agree that at least a large percentage of the Bill Of Rights _DO_ apply to the states? as a direct result of SCOTUS rulings? And would you also agree that much of the remaining sections have not been similarly ruled on primarily because the question hasn't reached SCOTUS? If so, then what would prevent such sections - particularly the 2nd Amendment - from being similarly incorporated once an appropriate case reaches SCOTUS?

Put another way, if the 1st Amendment applies to the states, why can't the 2nd? (don't say "because such a ruling hasn't happened" - I'm talking about [near] future, just as the 1st at one time had not been incorporated, then was. I want to know why it cannot happen, ever.)

522 posted on 05/17/2002 5:53:00 AM PDT by ctdonath2
[ Post Reply | Private Reply | To 475 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson