[billbears]

I prefer to follow an interpretation which is consistent with orignial intent - namely that the BOR applies to the states. Whatever interpretation Fairman came up with, it doesn't square with the what the authors and approvers of the 14th Amendment said in the course of their debates. The article I referenced is only summary of the comments and the issues raised.

Ah, original intent. However no judge on SCOTUS was able to determine this 'original intent' for over 30 years. Even to the point of ruling the exact opposite of what you say was the original intent. I see views from only a few Senators listed, so you can't very well say it was the original intent.

As for not taking Fairman's interpretation, I'm going to tend to side with a man that taught and influenced a future Chief Justice, not to mention a good portion of the then conservative movement. And considering the bio of that author

Found here

he not only gives libertarians a bad name, I'd question anything he says

[RKV]

If you want to ignore the multiple direct quotes of the men who wrote and voted on the 14th Amendment to the effect that the BOR applies to the states then you are going to so.