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
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.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson