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To: CondorFlight
Likewise, Dread Scott (black inhabitants of the USA are not citizens, and cannot become citizens; and slavery means ownership of the individual, and not just ownership of his labor) should still be the law of the land.

Well no, that one was overturned the only way the meaning of the Constitution can be changed, by the amendment process. Amendments 13 and 14. Strangely though, other decisions that would seem to be overturned by the 14th amendment are still considered "good law", especially when it comes to applying the immunities protected by the second amendment to state actions.

17 posted on 01/18/2006 9:33:43 PM PST by El Gato (The Second Amendment is the Reset Button of the U.S. Constitution)
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To: El Gato
Strangely though, other decisions that would seem to be overturned by the 14th amendment are still considered "good law", especially when it comes to applying the immunities protected by the second amendment to state actions.

Courtesy of The Slaughterhouse Cases which very narrowly interpreted the Priviliges and Immunities Clause. Remember that whenever the SCOTUS (of course indirectly) applies the provisions of the BoR to the states it uses substantive due process rather than the Privileges and Immunities Clause. AFAIK currently the only Justice that disagrees with this view is Justice Thomas.

P.S. The same problem applies to the Third, and Seventh Amendment, the right to trial by jury in all cases and the right to unanimous jury verdicts. None of these rights was applied to the states.

24 posted on 01/19/2006 6:25:40 AM PST by Tarkin (Impeach Justice Ginsburg)
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