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Originally Posted by John Galt
Strangely, for reasons that aren't entirely clear, the 6th Amendment's right to jury trial has never been applied to the states (you don't have a federal constitutional right to a jury trial in a state court).
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Nitpick: That's the 7th Amendment right to jury trial.
Also there are other Bill of Right Amendment (or Amendment subparts unincorporated), such as the 2nd Amendment, the 5th Amendment right to grand jury indictment in criminal cases, and the 8th Amendment right against excessive fines.
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Originally Posted by Arles
Still, even with Rehnquist, Scalia and Thomas, the court has come down very hard on the justice department on a few of the Guantanamo cases - so anything really drastic doesn't seem very likely.
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Actually, in
Hamdi v. Rumsfeld, Scalia came down the HARDEST on the Justice Department. He said charge him with a crime and try him, or let him go.