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The Scholars Are Moving on 14th Amend. Incorporation

Citizen

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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1322323

Its a link to a scholarly research paper. Once the page comes up, click on the "SSRN" button to down load the .pdf paper.

Its by David Hardy, attorney and 2A supporter.

Its a great paper. Here's my favorite quote from theSenate floor speech when Senator Jacob Howard introduced the 14th Amendment, emphasis mine:





[align=left]To these privileges and immunities, whatever they may be – for they are not and cannot be fully defined in their entire extent and precise nature – to these should be added the personal rights guaranteed by the first eight amendments of the Constitution; such as the freedom of speech and of the press; the right of the people peaceably to assemble and petition the Government for a redress of grievances, a right pertaining to each and all of the people; the right to keep and bear arms; the right to be exempt from unreasonable searches and seizures, and from any search or seizure except by virtue of a warrant issued upon a formal oath or affidavit; the right of an accused person to be informed of the nature of the accusation against him, and his right to be tried by an impartial jury of the vicinage; and also the right to be secure against excessive bail and against cruel and unusual punishments.[/align]




[align=left]David Hardy's blog is here: http://www.armsandthelaw.com/
[/align]
 

Citizen

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For those who keep up with the decline of the 4th Amendment, take particular note of the bold-face text:

To these privileges and immunities, whatever they may be – for they are not and cannot be fully defined in their entire extent and precise nature – to these should be added the personal rights guaranteed by the first eight amendments of the Constitution; such as the freedom of speech and of the press; the right of the people peaceably to assemble and petition the Government for a redress of grievances, a right pertaining to each and all of the people; the right to keep and bear arms; the right to be exempt from unreasonable searches and seizures, and from any search or seizure except by virtue of a warrant issued upon a formal oath or affidavit; the right of an accused person to be informed of the nature of the accusation against him, and his right to be tried by an impartial jury of the vicinage; and also the right to be secure against excessive bail and against cruel and unusual punishments.

Compare to Terry vs Ohio and the cases it cites. [url]http://www.law.cornell.edu/supct/html/historics/USSC_CR_0392_0001_ZO.html[/url]

 

Citizen

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Bump for exposure, so more people can add this to their rhetorical arsenal.

The very guy who introduced the 14th Amendment wanted the 2nd Amend. incorporated.
 
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