[El Gato]

This poor judge offers nothing but his desires to support his rejection of Marshall's ruling and dicta- and our history. It's a perfect example of living constitution construction.

The Judge of the Georgia Supreme Court (not just some "poor judge") quoted a US Supreme Court decision applying the 5th amendment to the states. He was arguing that some of the others, including the second, were similarly applicable to the states through the Supremacy Clause of Article VI.

[mrsmith]

"quoted a US Supreme Court decision applying the 5th amendment to the states"

No he didn't, there is no such thing.

The Supreme Court ruled that the the Fifth did not apply to the states- as I quoted above.

The Supreme Court ruled that the the Fifth did not apply to the states- as I quoted above.

The article VI argument is just perverse.
It was fear of Article VI that was specifically mentioned by the Founders as a reason to further limit the new govenment by a Bill of Rights!

[TigersEye]

U.S. Constitution

Article. VI.

(second paragraph, aka 'The Supremacy Clause')

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

(third paragraph.)

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.