The Civil War News & Views Open Discussion Forum

Re: Incorporation Doctrine
In Response To: Re: Free States need not Apply ()

Jim --

I'm not a Constitutional lawyer, but I believe this is what David has in mind.
http://law.jrank.org/pages/7578/Incorporation-Doctrine.html

I've taught this topic in classes on the Constitution, and it's no easy task. Specifics, such as the Palko v. Connecticut case in 1940, may be heplful.
http://www.answers.com/topic/palko-v-connecticut

Since the Confederate Constitution simply included what we know as the Bill of Rights in the main document, we can't be sure that Southern legal minds adopted or rejected the incorporation doctrine. I asked David for specifics on that, and will be interested in his response.

Personally I can't imagine how or why Confederate leaders would want to design a governing document which would introduce the same conflicts they had experienced for forty years or more. That's the reason they included specific language about slave ownership rights. But that's just my opinion.

Messages In This Thread

Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Incorporation Doctrine
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
I agree *NM*
Re: Free States need not Apply
Re: Free States need not Apply
Ok, now I see it *NM*
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply
Re: Free States need not Apply