[William Tell]

robertpaulsen said: "The due process clause of the 14th amendment has been used to selectively incorporate the first eight amendments and make them applicable to the states. The second amendment has never been incorporated -- it still applies only to the federal government."

"Incorporation" is not about "due process", it is about "privileges and immunities". Incorporation is an invention of the Supreme Court which is mentioned nowhere in the Constitution, the Bill of Rights, or any subsequent amendment to the Constitution. I know of no Congressional legislation which addresses "incorporation". It is simply a mechanism which recognizes that the Supreme Court is inconsistent in its application of the Constitution and is determined to shape government rather than defend freedom.

[robertpaulsen]

"Incorporation is an invention of the Supreme Court which is mentioned nowhere in the Constitution, the Bill of Rights, or any subsequent amendment to the Constitution."

Also invented is "abortion", "sodomy", and "separation of church and state". So what's your point? We've got to call it something. You don't like "incorporation"? Fine. Let's call it "applicability to the states under the due process clause of the 14th amendment". Better?

"Incorporation" is not about "due process", it is about "privileges and immunities".

OK. There are some who feel that way, and were surprised that the USSC used the "due process" clause rather than the "privileges and immunities" clause of the 14th amendment.

Does it make a difference? And what exactly is that difference?