14th amendment incorporation (user search)
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  14th amendment incorporation (search mode)
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Author Topic: 14th amendment incorporation  (Read 7345 times)
Schmitz in 1972
Liberty
Jr. Member
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Posts: 1,317
United States


« on: November 19, 2005, 03:35:21 PM »

Emsworth and A18 believe that the 14th amendment incorporates the Bill of Rights.

Based on the scant extant original intent material available I would have to agree with them. However, the actual text of the amendment seems to suggest otherwise: "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law" Since the bolded phrase appears in the 5th amendment, why would it need to be repeated here unless incorporation wasn't the intent of the article?
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Schmitz in 1972
Liberty
Jr. Member
***
Posts: 1,317
United States


« Reply #1 on: November 20, 2005, 05:26:00 PM »

Thanks for the information. I must say that the proposition that the establishment clause might not be incorporated is an interesting one indeed.
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Schmitz in 1972
Liberty
Jr. Member
***
Posts: 1,317
United States


« Reply #2 on: November 23, 2005, 04:37:13 PM »

After reading a lot more, I'm now firmly back in the incorporation camp. I think that although original intent would likely require an equality reading of the provision, original meaning yields an incorporationist interpretation. At the very least, this appears to have been the emerging consensus prior to Slaughterhouse.

OUt of curiosity, what led you to believe that an original meaning interpretation of the Constitution is superior to an original intent interpretation?
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