Available evidence and analysis, as I discuss in more detail in http://www.constitution.org/ussc/032-243jr.htm
, is that all of the Bill of Rights, except the First, applied
to the states as well as to the national government, but that they did
not explicitly extend federal question jurisdiction to
federal courts on cases between a citizen and his state on a claim for
such rights. The state courts were at least supposed to enforce them
even if there was no appeal to federal courts. My argument is that they
implicitly extended the jurisdiction of federal courts to such cases,
and that was the effect of the 14th Amendment.-- Jon ---------------------------------------------------------------- Constitution Society 7793 Burnet Road #37, Austin, TX 78757 512/299-5001 www.constitution.org [EMAIL PROTECTED] ---------------------------------------------------------------- |
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