Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: justshutupandtakeit

Not sure what you mean, but the P&I clause has NEVER been interpreted by anybody to apply the BOR to the states. To quote (roughly)Bork "The p and i clause was left a dead letter over 100 years ago, as it should have been."


55 posted on 06/27/2005 11:49:21 AM PDT by RayStacy
[ Post Reply | Private Reply | To 52 | View Replies ]


To: RayStacy
If we are speaking of the privileges and immunities clause of the Fourteen then it is the lack of a definition which is a problem. It certainly can be maintained that that phrase could cover lots of things. I will check my Black's tonight and see how it defines the term.

What was the first case that explicitly applied the BoR to the states? But it is not true that none of the amendments applied to States since the ninth and tenth clearly did. And likely the fourth, fifth and sixth.
58 posted on 06/27/2005 12:03:10 PM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
[ Post Reply | Private Reply | To 55 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson