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The 14th is not fictitous. It may yet be the amendment that saves our RKBA's from the 'overregulators' among us. Reasonable "due process" must be used in drafting restrictive laws..

If the 14th saves the RKBA, it won't be through the due process clause, but rather the "priveleges and immunities" clause. Due process doesn't relate to the drafting of the law itself, that is the central prohibition of the law, but rather the provisions for enforcement. It is supposed to mean non arbitrary, with protections for the accused to challenge the evidence. It really doesn't say anything about the underlying offense. The courts have ruled (5th circuit in Emerson) that the RKBA may be restricted via the "Due process" of boilerplate language in a divorce proceeding. Only fundamental rights are not subject to infringement, even with due process. Thus the fifth circuit ruled that the RKBA is not a fundamental right, even if it is an individual one. To be fair the 5th circuit, I think they were trying to get the case to the Supreme Court, but the SC denied certori.

Under due process, you can be sent to prison by a jury of your peers for exercising a fundamental Constitutionally protecte right.

I've read today's decision, skimmed it at least, and I have trouble disagreeing with most of Scalia's dissenting opinion. And none at all with Thomas' concurrance in that dissent. All from a logical point of view that is.

The 14th is not fictitous. It may yet be the amendment that saves our RKBA's from the 'overregulators' among us. Reasonable "due process" must be used in drafting restrictive laws..
-tpaine-

If the 14th saves the RKBA, it won't be through the due process clause, but rather the "priveleges and immunities" clause. Due process doesn't relate to the drafting of the law itself, that is the central prohibition of the law, but rather the provisions for enforcement.

It is supposed to mean non arbitrary, with protections for the accused to challenge the evidence. It really doesn't say anything about the underlying offense.
-El Gato-

Not true.
-- 'Due process' must be used by states in the drafting of laws that could abridge our 'privileges & immunities', or deny our 'equal protections'.
The 14th protects our individual rights against all levels of goverment, and all prohibitive political schemes to 'legislate' controls.

If it's intent is substantually violated, the constitutional contract is void.