Faulty foundation of the 14th Amendment

CPI News ^ | May 13, 2002 | Nathan McClintock

[inquest]

All that is required for a taking, is to deprive you of the property.

I'd have to disagree with that, from a legal standpoint. Taking is not the same as deprivation. The fifth amendment makes the principle very clear by saying, "nor shall private property be taken for public use, without just compensation." Clearly that principle was not violated with the 14th amendment.

[ned]

As I understand you, then, you'd like to see the equal protection clause's use restricted to serving as a protection for crime victims. That's an interesting view. Both the Congress and the courts have used it mainly to battle discrimination, particularly racial and ethnic discrimination.

[inquest]

I know it's an unorthodox view, but it's the only one that's consistent with the English language. I admit, I'm kinda weird that way.

[H.Akston]

Interesting.

Reminds me of the paragraph in :

http://www.freerepublic.com/forum/a38ae1fc86628.htm

Titled: If You Liked the Commerce Power. . .

[H.Akston]

"As far as the courts are concerned, any statute that expressly discriminates on the basis of race is presumptively unconstitutional."

Our Lords on the high court better change their opinion about discrimination based on ethnicity real quick, because some real dumb stuff, like fear of profiling, contributed to the FBI's unwillingness to elevate the Phoenix memo and save the World Trade Centers.

http://www.freerepublic.com/focus/news/686612/posts (Why we Need Racial Profiling)

[ned]

In times of national crisis, the Supreme Court can get very flexible without even admitting to a change of standards. (See, e.g., Korematsu v. United States (1944) 323 U.S. 214.)

[H.Akston]

I'm afraid to look. That was FDR's packed court era.

That wasn't the case where Hugo Black developed his creative interpretation on how the 14th incorporated the Bill of Rights - but only some, at that, is it?

[NathanM]

Thanks for everyone's comments. Be sure and read my next column on the 10th Amendment comming soon. Go to Nathan McClintock.com to keep up to date. Nathan McClintock

[Texasforever]

If you have a ping list please add me to it. I love 10th amendment discussions. Thanks.