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To: curiosity

Here's the requested citation link. It's the website of a man currently writing a book on Bingham:

http://federalistblog.us/mt/articles/14th_dummy_guide.htm

I agree that we probably aren't all that far apart. With or without incorporation, the current judicial interpretation of the Establishment Clause is incorrect.


540 posted on 01/11/2006 6:59:28 PM PST by puroresu (Conservatism is an observation; Liberalism is an ideology)
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To: puroresu
Yes, I found his 1871 quote from Bingham in your link. Unfortunately, it doesn't provide the context, and it doesn't give a citation. I'd like to go look up this speach, especially given the propensity for anti-incorporationists to rip words out of context to change their meaning.

In fact, having re-read Curits, I think I know what Bingham was getting at, and your guy is completely missing the point. Bingham believed that the states were always bound to respect the Bill of Rights, as well other freedoms not listed there explicitly, but that prior to the 14th Amendment there was no legal way to enforce this. Thus the states were bound in theory not in practice. In this light, his quote make perfects sense. Of course, I'd have to read the whole speach in context to verify this, but your link doesn't help in this regard.

541 posted on 01/11/2006 7:35:34 PM PST by curiosity
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