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Old 07-14-2018, 10:21 AM
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Ziggy2525 Ziggy2525 is offline
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Quote:
Originally Posted by stansdds View Post
I would disagree with the concept that the constitution did not originally apply to the states. If that were the case, then there would have been no Bill of Rights (the first 10 amendments) and the constitution would have not likely been ratified by the thirteen original states.

The 14th amendment, specifically section I, reaffirms the Bill of Rights and that it applies to all citizens of the U.S. This was deemed necessary as the former Confederate States would not likely (and in reality, did not) apply laws equally, but would continue with segregation and not recognizing the rights of minority citizens.
You may disagree, that's your right, but I think there's general agreement the following is more accurate..

Quote:
The incorporation doctrine is a constitutional doctrine through which the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment. Prior to the doctrine's (and the Fourteenth Amendment's) existence, the Bill of Rights applied only to the Federal Government and to federal court cases. States and state courts could choose to adopt similar laws, but were under no obligation to do so.
Incorporation Doctrine
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