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elleng

(141,926 posts)
3. 'Incorporation' is a serious legal issue,
Sun May 24, 2015, 05:39 PM
May 2015

has been for a long time, that is,

The incorporation of the Bill of Rights (or incorporation for short) is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to 1925, the Bill of Rights was held only to apply to the federal government. Under the incorporation doctrine, most provisions of the Bill of Rights now also apply to the state and local governments.
Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in Barron v. Baltimore that the Bill of Rights applied only to the federal, but not any state governments. Even years after the ratification of the Fourteenth Amendment, the Supreme Court in United States v. Cruikshank (1876) still held that the First and Second Amendment did not apply to state governments. However, beginning in the 1920s, a series of United States Supreme Court decisions interpreted the Fourteenth Amendment to "incorporate" most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments.

http://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights

Thomas (and others) call themselves 'originalists,' so it's not really a surprise that he takes this position.

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what an embarrassment this guy is.... dhill926 May 2015 #1
+1 daleanime May 2015 #2
'Incorporation' is a serious legal issue, elleng May 2015 #3
Yes, but it scares me that he "probably" thinks it applies to the federal level. Exilednight May 2015 #9
+1 sl8 May 2015 #29
This is why we must elect Democrats in 2016 Agnosticsherbet May 2015 #4
2012? shenmue May 2015 #27
Thanks. I edited it. Agnosticsherbet May 2015 #35
Okey shenmue May 2015 #38
You can thank Joe Biden too BrotherIvan May 2015 #30
President George H. W. Bush apponted Thomas. Agnosticsherbet May 2015 #36
I need to go change my shorts. That scares the shit out of me. n/t Exilednight May 2015 #5
What's it going to take Terra Alta May 2015 #6
I'm asking God to do the impeaching Demeter May 2015 #16
taliban thomas... spanone May 2015 #7
What an imbecile. nt awoke_in_2003 May 2015 #8
cause that is working out so well in Iraq. OffWithTheirHeads May 2015 #10
Where did this fucker go to law school? tabasco May 2015 #11
Yale. nt BumRushDaShow May 2015 #21
I bet his interpretation would be entirely different ... surrealAmerican May 2015 #12
Or Islam. cstanleytech May 2015 #14
Or anything but fundie Christianity. SusanCalvin May 2015 #15
Good one! Paka May 2015 #19
Isn't there some way to can that bastard from SCOTUS? nt valerief May 2015 #13
Congress would have to impeach him... Bryce Butler May 2015 #18
Which has a snowballs chance in hell of happening seeing as the Republicans have majority control cstanleytech May 2015 #25
I'm going to put him on my Die Already list BrotherIvan May 2015 #31
So, when Mormanland attacks Baptistberg, then we'll have Clarence Thomas to thank. n/t Yavin4 May 2015 #17
Ok..... paleotn May 2015 #20
Good point! drm604 May 2015 #28
Of all the atrocities Poppy Bush inflicted on this land, Clarence Thomas is the worst jmowreader May 2015 #22
What did you expect? ashling May 2015 #23
Couple of things: no_hypocrisy May 2015 #24
What a fucking idiot shenmue May 2015 #26
He really needs to go back to shutting up. Solly Mack May 2015 #32
Thomas was ranked as one of the five worst SCOTUS justices in the history of the SCOTUS Gothmog May 2015 #33
What other parts of the constitution does he figure states can ignore? gollygee May 2015 #34
Tell Silent Thomas how Utah got in to the Union. Major Hogwash May 2015 #37
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