The Firing Line Forums - View Single Post - Lawsuit Filed against Honolulu Police Chief and State of Hawaii

Jim March · September 10, 2012, 11:21 AM

Well in this case, what the judge is saying about the 5th Amendment "due process" piece is that it's NOT incorporated against the states, but only because the 14th Amendment's "due process" component clearly is. And that's probably correct, if meaningless. So basically he threw out their 5th Amendment claim on that ground, but then found a completely different way to ignore the 14th Amendment equivalent piece.

September 10, 2012, 11:21 AM	#56
Jim March Senior Member Join Date: February 14, 1999 Location: Pittsburg, CA, USA Posts: 7,417	Well in this case, what the judge is saying about the 5th Amendment "due process" piece is that it's NOT incorporated against the states, but only because the 14th Amendment's "due process" component clearly is. And that's probably correct, if meaningless. So basically he threw out their 5th Amendment claim on that ground, but then found a completely different way to ignore the 14th Amendment equivalent piece. __________________ Jim March