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To: inquest
According to your theory, the privileges-and-immunities clause refers to the Bill of Rights.

-- Nope. The whole of Section 1 applies to the BOR's, as the historical record proves. It is not just 'my' theory.

So to quote from your quote from Bingham: "Mr. Speaker, that the scope and meaning of the limitations imposed by the first section, fourteenth amendment of the Constitution may be more fully understood, permit me to say that the privileges and immunities of citizens of a State, are chiefly defined in the first eight amendments to the Constitution of the United States ...." He's making reference to a particular clause, not the entire Section 1.

Of course he is. So what? Notice his qualification, in bold. -- The balance of our rights are not defined, -- they are NOT enumerated, - and are thus covered by the 9th & 10th.

And by the way, it's interesting to note that your authority here only refers to the first eight amendments, so I guess that kind of shoots down the argument you made in #3.

See above.

Ya know, your nitpicking is really getting stretched again. - What IS your main point? Can you formulate one, or are you just trying to pettifog the issues?

111 posted on 05/29/2002 12:29:58 PM PDT by tpaine
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To: tpaine
Of course he is. So what? Notice his qualification, in bold. -- The balance of our rights are not defined, -- they are NOT enumerated, - and are thus covered by the 9th & 10th.

You're missing the point. You had said that the entire Section 1 was what incorporated the BOR, whereas your source is saying that it's only the P&I clause that does so. Surprised you didn't see that.

What IS your main point? Can you formulate one, or are you just trying to pettifog the issues?

Why, my main point is that the 14th amendment doesn't incorporate the BOR. Surprised you didn't see that either.

113 posted on 05/29/2002 2:08:59 PM PDT by inquest
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