1 posted on
05/21/2002 11:54:41 AM PDT by
tpaine
To: tpaine
And there's a fifth position, which is the one I take: No incorporation, no "natural law" or "shock the conscience" tests - simply, the states are only prohibited from doing what the Constitution expressly prohibits them from doing. Surprised that wasn't even listed.
2 posted on
05/21/2002 12:29:34 PM PDT by
inquest
To: tpaine
"We have held from the beginning and uniformly that the Due Process Clause of the Fourteenth Amendment does not apply to the States any of the provisions of the first eight amendments as such. The relevant historical materials have been canvassed by this Court and by legal scholars. These materials demonstrate conclusively that Congress and the members of the legislatures of the ratifying States did not contemplate that the Fourteenth Amendment was a short-hand incorporation of the first eight amendments making them applicable as explicit restrictions upon the States." -- U.S. Supreme Court BARTKUS v. ILLINOIS, 359 U.S. 121 (1959)
4 posted on
05/22/2002 9:41:56 AM PDT by
Roscoe
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