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To: NobleFree
Incorporation was invented by the Supreme Court, and rationalized by the Due Process Clause not the clause you cite. The term occurs nowhere in the amendment.

It doesn't matter if the term appears or not, the effects are what matter. If you read a dictionary, no definition contains the word being defined, yet the word and its definition are the same thing. Incorporation simply describes what the Amendment is doing.



No dice. Just as Article IV, Section 2, Clause 1, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States" means no discrimination by a state against visitors or immigrants from other states, the clause you cite means no discrimination by a state between its citizens.

You're combining two terms. "The several States" and "the United States" aren't the same thing - one refers to the States individually, and the other to the States as a whole, the FedGov. Yes, IV-2-1 prevents States from discriminating against visitors. The clause I stated means States can't make a law violating rights of US citizens. And what are those rights? The States don't define that, or you'd have several different sets of defined rights that vary. The rights of "citizens of the United States" have to be the federally defined rights, ie those listed in the Constitution.
It doesn't apply to equal protection of those within the State (as you're mentioning), because that's what the last clause in A14-1 does: nor deny to any person within its jurisdiction the equal protection of the laws.
39 posted on 05/16/2020 9:34:15 AM PDT by Svartalfiar
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To: Svartalfiar
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

No dice. Just as Article IV, Section 2, Clause 1, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States" means no discrimination by a state against visitors or immigrants from other states, the clause you cite means no discrimination by a state between its citizens.

You're combining two terms. "The several States" and "the United States" aren't the same thing

Red herring - I never said nor implied they were.

The clause I stated means States can't make a law violating rights of US citizens.

Wrong - "rights" are not the same as "privileges or immunities," otherwise the Constitution would have simply called the latter "rights."

It doesn't apply to equal protection of those within the State (as you're mentioning), because that's what the last clause in A14-1 does: nor deny to any person within its jurisdiction the equal protection of the laws.

Wrong again - the Privileges or Immunities Clause says the language of state law shall not discriminate, whereas the Equal Protection Clause says the laws shall be enforced as written, that is, states' judicial and executive/enforcement branches shall also not discriminate.

40 posted on 05/16/2020 10:16:52 AM PDT by NobleFree ("law is often but the tyrant's will, and always so when it violates the right of an individual")
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