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To: Roscoe
Zero support for blanket incorporation.

I never claimed otherwise - you are refuting a case I do not make. My only point is that your statement that Justice Black's views on the 14'th have never been cited or agreed with by any other decision or justice is an overstatement. The Benton case itself cites the dissent directly, in the majority opinion. Therefore it has been cited.

Clearly, Justice Marshall finds Black's reasoning to be something he at least partially agrees with, else he would not have cited it. And if you find that an inadequate example of another Justice agreeing with Black, there is always Duncan v Louisiana, 391 U.S. 145 (1968), where Justice Black restated his Adamson dissent yet again, and was joined by Justice Douglas. Clearly Justice Douglas also finds Black's reasoning compelling, else he would not have signed on to such a dissent. Therefore, Black has been both cited by other justices, and found to be compelling by other justices. Contrary to what you said before.

66 posted on 05/28/2002 11:22:08 AM PDT by general_re
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To: general_re
I never claimed otherwise

Wasn't this the quote you were disputing?

"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)

68 posted on 05/28/2002 11:25:58 AM PDT by Roscoe
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