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To: Nextrush

Re: 50 - re: KKK, I have to find the article, but Black in later life stated that in the 20’s to have any chance to make a difference in State office in Alabama, being associated with or in the KKK was pretty much required.

I look at it as he joined to get into local / State office and then dropped them. Later in life he was a reviled figure in Alabama, especially for Brown and other school integration cases.

He may have been a liberal justice, but he was for total Incorporation of 1st - 8th Amendments, and was against substantive due process and unenumerated rights. He blew a gasket in his dissent in Griswold v. Connecticut and its “penumbras and emanations”.


51 posted on 11/27/2023 5:49:49 PM PST by Fury
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To: Fury

I forgot to note that Black believed that the Privileges or Immunities Clause of the 14th Amendment was the preferred way for Incorporation and not the Due Process Clause.


52 posted on 11/27/2023 5:54:12 PM PST by Fury
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