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To: epow

Thats odd, it seems like they think the first amendment and it’s “no establishment of religion” clause, sure as hell applies to cities and states.

And it seems like 5th amendment cases are routinely enforced against municipal and state police departments.


6 posted on 06/04/2009 6:08:24 AM PDT by DesertRhino (Dogs earn the title of "man's best friend", Muslims hate dogs,,add that up.)
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To: DesertRhino
Thats odd, it seems like they think the first amendment and it’s “no establishment of religion” clause, sure as hell applies to cities and states. And it seems like 5th amendment cases are routinely enforced against municipal and state police departments.

Way back in 1820, the Supreme Court held that the Bill of Rights was binding only on the federal government, and that States can violate it. (Barron v. Baltimore). Starting in the 1910s, the Supreme Court began to hold that some of the Bill of Rights was made binding on the States through the 14th Amendment, but it did so through what it called "selective incorporation"-- meaning that the Supreme Court decided on an individual basis if rights guaranteed by the Bill of Rights are binding on the States or not. So far, most of the Bill of Rights has been applied to the States; two provisions have been held definitely not binding on the states (the 7th Amendment right to trial by jury in civil cases, and the Grand Jury clause of the 5th Amendment); and a few provisions have not been ruled upon either way by SCOTUS (the 2nd Amendment being one of those).

365 posted on 06/04/2009 1:33:36 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: DesertRhino

The 1st, 2d and 10th are distinctly different from the other Bill of Rights.

The 1st is the only one that says CONGRESS SHALL MAKE NO LAW. There is no way it can be interpreted as applying to the states ... unless via the 14th.

The 2d and 10th are the ONLY bill of rights that specifically include the capitalized word State and clearly apply to the state as well as the Feds.


684 posted on 06/08/2009 5:35:26 AM PDT by spintreebob
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