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Old September 10, 2012, 09:02 AM   #54
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Join Date: July 13, 2001
Posts: 449
Just to add, the Privileges and Immunities clause of the 14th amendment appears to be intended to apply the bill of rights as restrictions on the states.
The 19th century post war Supreme Court was just as political as the current one and ruled that it did not.
'Incorporation' is the method by which the 20th & 21 st century SCOTUS justices twist the due process clause to selectively apply bits of the Bill of Rights as restrictions on the States, without having to overrule its old decisions.
Read the McDonald oral arguments, I think it is Justice Scalia who refers to the Gura's Privileges and Immunity argument (that it should be revisited) as the darling of the law professoriate, or words to that effect.
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