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The Seventh Amendment is not incorporated, and the Third and Eighth Amendments are only partially incorporated. The Third Amendment was upheld by the Second Circuit, making the Amendment binding on Connecticut, New York and Vermont, only. The Circuit Court decision has persuasive value for the other Circuits, but does not set a binding precedent on them.

The Second Amendment was recently incorporated when the US Supreme Court released its decision in McDonald v. Chicago,561 US ___ (2010) on June 28, 2010.

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