To: Darksheare; christx30; Jim Robinson
As decided in the Slaughterhouse cases of the 1800's, there was no overarching "incorporation clause" in the 14th Amendment. The original intent of the 14th Amendment, as confirmed by the Slaughterhouse cases, gave the feds ONE SPECIFIC power over the states: to forbid state laws forcing segregation of former slaves, blacks. THAT'S IT. As the Slaughterhouse opinion warned, anything more is not only not the original intent of the post-civil war amendment, but would give the feds carte blanche, destroying the Constitution and its limitations on the federal government.
Such has been the case since the 20th Century SCOTUS has overturned the Slaughterhouse precedent and twisted the 14th Amendment to allow the federal government to run amok.
20 posted on
05/10/2014 11:47:30 AM PDT by
PapaNew
To: PapaNew; christx30; Jim Robinson
Supreme court ruled that the 2nd amendment IS incorporated against the states.
Couldn’t happen if it didn’t exist.
31 posted on
05/10/2014 12:14:30 PM PDT by
Darksheare
(Try my coffee, first one's free..... Even robots will kill for it!)
To: PapaNew; christx30; Jim Robinson
34 posted on
05/10/2014 12:20:36 PM PDT by
Darksheare
(Try my coffee, first one's free..... Even robots will kill for it!)
To: PapaNew; Darksheare; Jim Robinson; Lurking Libertarian
SCOTUS held in the Slaughterhouse cases that 14A protects the privileges and immunities of citizens of the United States but does not protect the same for citizens of a State.
That means that where there is a privilege or immunity guaranteed by the Constitution, the States cannot violate that privilege or immunity. (States can guarantee greater privileges and immunities but not lesser.) That is, in and of itself, incorporation against the states.
There was no constitutional right violated in the Slaughterhouse cases. So 14A was not violated.
50 posted on
05/10/2014 2:54:21 PM PDT by
BuckeyeTexan
(There are those that break and bend. I'm the other kind. ~Steve Earle)
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