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To: Lurker

Unless Justice Kennedy gets a case of the stupids, we have already won. I’m just wonder if incorporation will occur via the Due Process Clause of the 14th Amendment (as would be standard procedure) or via its Privileges or Immunities Clause. The question for this case mentioned both clauses.


87 posted on 09/30/2009 7:29:16 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: Repeal 16-17
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

Having only been aware of the Due Process Clause route of incorporation, I just looked up the Privileges or Immunities Clause you cited. It's amazing we actually need lawyers to argue about this stuff. I guess I'm just not nuanced enough to know what the definition of is is.

104 posted on 10/01/2009 2:36:07 PM PDT by OA5599
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