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steve2470

(37,468 posts)

7. Thanks for your civil and informative reply

Reply to jberryhill (Reply #6)

Thu Apr 9, 2015, 09:05 AM

Apr 2015

Apparently it was universally accepted that the Bill of Rights only applied to the federal government. This goes to show that unless something is very clearly spelled out in a law or constitution, judges will find a way to interpret the law or constitution as narrowly as possible. I'm reminded of Scalia's method, using the dictionary to interpret words. Of course we all use dictionaries or legal dictionaries, but we need to also look at legislative intent, imho.

Thanks again.

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1833 SCOTUS: Barron v. Baltimore 32 U.S. (7 Pet.) 243, Bill of Rights does not apply to state govts [View all] steve2470 Apr 2015 OP

This was prior to 14th Amendment Gothmog Apr 2015 #1

yes steve2470 Apr 2015 #3

Absent the 14th Amendment, it wasn't a "bad decision", though jberryhill Apr 2015 #4

Ok I'm not understanding you steve2470 Apr 2015 #5

That was one of the main points of the Civil War jberryhill Apr 2015 #6

Thanks for your civil and informative reply steve2470 Apr 2015 #7

The worst governments are run by dead people jberryhill Apr 2015 #8

That is why the legal theory of incorporation via the 14th amendment was adopted. Recently kelly1mm Apr 2015 #2