1st amendment jurisprudence
Mon, 29 Apr 2002 18:30:32 +0000
>The one we ratified, and that the First Amendment was
>part of, did not restrict such things. An early Supreme Court decision
>_pointedly_ said that the amendment did not restrict a State from
>recreating the Inquisition if it so chose.
Maybe you're thinking of the Barron case.
>The freedom of religion decisions you are fond of are
>a judicial invention based on the "incorporation theory" of the civil war
Yeah, it's this strange notion that no state shall make
or enforce any law which shall abridge the privileges or
immunities of citizens of the United States. The courts
just sort of snuck that right in. How'd they do that?
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