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To: mnehring

“Incorporation” is a jurisprudential invention from the Progressive Era and the New Deal. Paul Freund wrote the definitive book on the 14th and its history. Anyone truly interested in the 14th would do well to read it, as well as Phillip Hamburger’s more recent book, Separation of Church and State.

Ironically, the “50 state tyrannies” argument is one that has long been a favorite of the faculties at Harvard and other “elite” law schools for taking federalism out of our “living” Constitution.


23 posted on 01/20/2012 1:13:06 PM PST by achilles2000 ("I'll agree to save the whales as long as we can deport the liberals")
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To: achilles2000

So then you believe, as Paul does, that State governments can, for example, eliminate your 2nd Amendment Rights or 4th Amendment Rights? (which he specifically wrote about and sided with the States in the cases of Heller and Chicago vs. McDonald)?


25 posted on 01/20/2012 1:26:46 PM PST by mnehring
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