The Founders' Intent for the First Amendment

CPI News ^ | May 3, 2002 | Nathan McClintock

[inquest]

...the author of that article I linked definitely thinks that substantive due process is based on an interpretation of the due process clause of the 14th.

And I'm not disputing that point (at least not here, anyway). It's true that it looks like I was disputing it earlier, but that's because I had misunderstood what you were getting at (which I agree was my fault). What I'm saying (now that I do understand your point) is that substantive due process doesn't seem to cover the rest of the bill of rights. It doesn't, in and of itself, mean that the state can't do what the first amendment prohibits the federal government from doing.

[inquest]

...the founders were wise enough (the second time around) to make it possible to amend the constitution and thereby change the law of the land - even is ways of which they might disapprove.

Agreed.

[edsheppa]

I'd have to be shown that. From what I've read it appears the SC has extended first amendment prohibitions to the states. Do you have an example in which the SC has allowed state regulation of speech or religion in a way it has denied the federal gov't?

[inquest]

Do you have an example in which the SC has allowed state regulation of speech or religion in a way it has denied the federal gov't?

I thought I did but I don't. When I went to look, I found that I had been more confused that I thought. I had always heard that it was the "privileges and immunities" clause that the courts cited in imposing the BOR on the states, but you're right, it does look to be the substantive due process doctrine. Thanks for the heads up. I'm glad we had this conversation.

[NathanM]

I have more information on the 14th Amendment, which I will publish in next week's column. To some, it may be rather surprising! Also, I have current examples of SC that "violate" the Fed Constitution. All that and more, soon. I will post links to the articles on this thread.

[inquest]

Be looking forward to it. Thanks.

[CPI News]

The 14th Amendment Column...

Faulty Foundation of the 14th Amendment