*I searched and found nothing on due process clause vs. P and I clause*
Incorporation of the 1st, 4th, 5th, 6th, 7th, and 8th amendments was done by way of the due process clause thanks to Gitlow v. New York and Justice Hugo Black. As most of you know, these were successfully incorporated under the due process clause of the 14th amendment which states:
"nor shall any State deprive any person of life, liberty, or property, without due process of law"
Because of precedent and a great way of getting at incorporation, the due process clause has always been used.
Other Justices have stated that amendments should be incorporated under the privileges and immunities clause of the 14th Amendment which states:
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States"
With a Second Amendment case sure to be on the docket of the Supreme Court in the near future, a big question is the way of incorporation and what avenue it will be achieved by. I believe that it will be incorporated under the due process clause, but I believe that some of the justices will want it incorporated under the P and I clause. I believe that this is important for how strong the ruling will be and how the decision will stand the test of time. I believe it is easier to reason (whenever you find reason on the SC) overturning a case incorporated by itself under one clause, than it would be to overturn one incorporated under the same clause as the other incorporated amendments.
So THR, what do you think 2A will be incorporated under, due process clause or privileges and immunities clause?
*Sotomayor aside, the SC will vote the same way with Kennedy holding all of the cards, so lets not talk about her at all in here and lets keep this on track, please.*
Incorporation of the 1st, 4th, 5th, 6th, 7th, and 8th amendments was done by way of the due process clause thanks to Gitlow v. New York and Justice Hugo Black. As most of you know, these were successfully incorporated under the due process clause of the 14th amendment which states:
"nor shall any State deprive any person of life, liberty, or property, without due process of law"
Because of precedent and a great way of getting at incorporation, the due process clause has always been used.
Other Justices have stated that amendments should be incorporated under the privileges and immunities clause of the 14th Amendment which states:
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States"
With a Second Amendment case sure to be on the docket of the Supreme Court in the near future, a big question is the way of incorporation and what avenue it will be achieved by. I believe that it will be incorporated under the due process clause, but I believe that some of the justices will want it incorporated under the P and I clause. I believe that this is important for how strong the ruling will be and how the decision will stand the test of time. I believe it is easier to reason (whenever you find reason on the SC) overturning a case incorporated by itself under one clause, than it would be to overturn one incorporated under the same clause as the other incorporated amendments.
So THR, what do you think 2A will be incorporated under, due process clause or privileges and immunities clause?
*Sotomayor aside, the SC will vote the same way with Kennedy holding all of the cards, so lets not talk about her at all in here and lets keep this on track, please.*