incorporation, non-issue

Bryan Wildenthal bryanw at
Wed Mar 10 13:19:49 PST 2004

Re 7th, see Edwards v Elliott (1874) and Walker v Sauvinet (1876).
Re 2d, see US v Cruikshank (1876) and Presser v Illinois (1886).
Re 3rd, there is no case that I am aware of.
Bryan Wildenthal
Thomas Jefferson School of Law

-----Original Message-----
From: conlawprof-bounces at [mailto:conlawprof-bounces at]On Behalf Of Martin Sweet
Sent: Wednesday, March 10, 2004 7:49 AM
To: conlawprof at
Subject: incorporation, non-issue

Is the non-incorporation of the 7th Amendment's common law claims jury guarantee by virtue of a denial by the Supreme Court, or simply that a case has not been brought (as I believe is the case w/the second and third)?


Off line replies are welcome.







Martin J. Sweet
Assistant Professor
Department of Political Science
Dickinson College
105 Denny Hall
P.O. Box 1773
Carlisle, Pennsylvania 17013 




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