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Why are Georgia and Texas the only two states in the U.S.?

The jury trial right in the Seventh Amendment is not applicable to state action. The rights contained in the Bill of Rights originally applied only to Federal action, not state action. As you might imagine, that caused a lot of problems. After several aborted legal theories which would apply those rights to the states, the U.S. Supreme Court adopted what has become called the doctrine of selective incorporation. Each right in Amendments 18 was reviewed when it came before the Court. If it was determined that the right was fundamental to our concept of ordered liberty, it was considered part of the property interest of the Due Process Clause of the 14th Amendment and made applicable against state action. Two rights, the grand jury provision of the Fifth Amendment and the jury trial provision of the Seventh Amendment were expressly rejected by the Supreme Court as being applicable against the states. The Third Amendment has never been considered. The excessive fines provision of the Eighth Amendment was just incorporated about a year ago. The Second Amendment was only incorporated in 2010. Selective incorporation has been a very slow process.

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