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To: edsheppa
The substantive due process doctrine built on the 14th changed the game.

More precisely, it provided the courts with a pretext for changing the game. Nothing in the 14th amendment actually stated that the restrictions in the BOR would now apply against state governments.

12 posted on 05/05/2002 5:32:41 PM PDT by inquest
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To: inquest
Remember that the doctrine is quite old. Courts of the late 19th century were much closer than we to when the 14th amendment was passed so perhaps there's something to their interpretation.
13 posted on 05/05/2002 6:05:08 PM PDT by edsheppa
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