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

To: Roscoe
You like Frankfurters opinion, - I favor Justice Blacks view, - from 'Adamson':

"My study of the historical events that culminated in the Fourteenth Amendment, and the expressions of those who sponsored and favored, as well as those who opposed its submission and passage, persuades me that one of the chief objects that the provisions of the Amendment's first section, separately, and as a whole, were intended to accomplish was to make the Bill of Rights, applicable to the states.
With full knowledge of the import of the Barron decision, the framers and backers of the Fourteenth Amendment proclaimed its purpose to be to overturn the constitutional rule that case had announced.
This historical purpose has never received full consideration or exposition in any opinion of this Court interpreting the Amendment."

5 posted on 05/22/2002 12:43:46 PM PDT by tpaine
[ Post Reply | Private Reply | To 4 | View Replies ]


To: tpaine
"My study of the historical events that culminated in the Fourteenth Amendment, and the expressions of those who sponsored and favored, as well as those who opposed its submission and passage, persuades me that one of the chief objects that the provisions of the Amendment's first section, separately, and as a whole, were intended to accomplish was to make the Bill of Rights, applicable to the states."

And that still leaves me with my question: why, then, didn't these framers simply come right out and say it in the amendment itself? It wouldn't have been very difficult for them to do. Why all the beating around the bush?

6 posted on 05/22/2002 5:46:05 PM PDT by inquest
[ Post Reply | Private Reply | To 5 | View Replies ]

To: tpaine
Dissenting opinion, without any historical or legal basis. Unshared by any Supreme Court decision in history or by any other Justice of the court.

Zealots hate facts.

9 posted on 05/22/2002 7:59:51 PM PDT by Roscoe
[ Post Reply | Private Reply | To 5 | 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