But for the most part the relevant and applicable amendments in the Bill of Rights have been found to be incorporated against the States. I think that's a good thing, generally.
While it may be a good thing, it's entirely made up. There is no constitutional basis for incorporation. In fact, James Madison's original speech to the 1st congress in June, 1789 which was a proposal for our Bill of Rights contained language to impose the speech requirements of the 1st amendment on the states, but it was rejected by the Congress.
The constitutional basis for incorporation is the Due Process clause of the 14th Amendment.
That is the basis that is used. However, that use eschews the original intent of the amendment's framers and ratifiers.
Last edited by olivant; 01/09/1011:55 AM.
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