Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: El Gato

The text of 14A most certainly does not "incorporate" the BOR as applying against the states. Any such incorporation ("selective incorporation") was achieved via judicial activism and findings of "substantive due process" - yet another fiction.

My understanding of the original intent of 14A was to force states to treat citizens equally (blacks and whites for example) - even in a state's appication and enforcement of seemingly unfair state law (no person shall hold office unless he believes in God for example).


1,088 posted on 03/12/2007 8:55:27 AM PDT by KeyesPlease
[ Post Reply | Private Reply | To 860 | View Replies ]


To: KeyesPlease
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

Help me here...

I understand the BOR to be a limitation on federal government.

How would natural rights, enumerated in the constitution, be subject to violation by other government entities?

Wouldn't the "privileges or immunities" clause explicitly extend the protection of the constitution?

1,090 posted on 03/12/2007 12:10:15 PM PDT by NY.SS-Bar9 (DR #1692)
[ Post Reply | Private Reply | To 1088 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson