Has SCOTUS finally incorporated all the Bill of Rights?

Discussion in 'Law and Justice System' started by Quantum Windbag, Jul 5, 2010.

  1. Quantum Windbag
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    Quantum Windbag Gold Member

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    Balkinization

    This could be interesting. Imagine the impact if the entire Constitution actually applies to the states.
     
  2. hortysir
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    hortysir In Memorial of 47

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    I have never had any reason to believe otherwise......
     
  3. Oddball
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    Oddball BANNED Supporting Member

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    If "we the people" have unalienable rights that the feds cannot trample (well, that they aren't supposed to anyways), how could it then be argued that the states could be free to do so?
     
  4. goldcatt
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    goldcatt Catch me if you can! Supporting Member

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    No. The 7th is not incorporated. Neither are the 3rd or the Grand Jury guarantee portion of the 6th. And of course the 14ths Due Process Clause takes the place of the Federal Due Process clause in the 5th. Am I missing anything? :eusa_think:
     
  5. Oddball
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    Oddball BANNED Supporting Member

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    I'm not so sure about that.

    Let's renege on a purchase where the price to be paid is 21 silver dollars and find out.
     
  6. Big Black Dog
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    Big Black Dog Gold Member Supporting Member

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    Supreme Court is just like everything else in Washington, DC these days, i.e., a loose cannon. "We the people" need to start getting a bit more pro-active in policing our politicians and those that are supposed to be working for us.
     
  7. goldcatt
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    goldcatt Catch me if you can! Supporting Member

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    The Court doesn't make superfluous decisions. And applying the entire BoR to the States would be worse than superfluous. For just one example, could you imagine the expense and court clog involved in immediately requiring the States to give every civil complaint meeting the 7th's guidelines a full jury trial instead of allowing them to follow common law traditions for bench trials? No more small claims court! And unlike the late 18th Century, we now have combined law and equity. How would that work? Too many questions, no answers.

    IMO, this is a complete misread of the decision AND of 42 USC 1981 - but if it isn't, well, nobody ever said Alito is the sharpest tool in the shed. Hold on to your hats if anybody tries to argue this. :lol:
     
  8. goldcatt
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    goldcatt Catch me if you can! Supporting Member

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    Depends. Is the seller pushing criminal charges? Bringing a contract suit in equity for specific performance? Or suing for monetary damages? Only the last is covered under the 7th as a civil calim at common law, and that would be small claims court in most States.
     
  9. Oddball
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    Oddball BANNED Supporting Member

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    No jury in small claims court.

    If the issue is over an amount greater than $21, then the 7th sez you get a jury to hear the case.

    Maybe that $21 refers to Article 1, Section 8 & 10 money, rather than worthless FRNs....Something to ponder.
     
  10. goldcatt
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    goldcatt Catch me if you can! Supporting Member

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    The 7th says you get a jury for claims at law for $21.

    But if you'll only accept silver dollars and not legal tender, you've got a claim for specific performance - which is equity, not law. The 7th wouldn't apply to a claim in equity no matter what court you're in.
     
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