Substantive Due Process
CeejEngine at aol.com
CeejEngine at aol.com
Sat Jun 9 21:54:16 PDT 2001
The problem with the due "Process Clause" is it injects a false distinction
with respect to 'types' of rights. See the first two sentences of the DoI
for a clarification of the only operable definition of 'right' acceptable in
I'm going to have to admit that I've pretty much lost the thread of the
argument here- I'm just trying to point out that under the incorperation
doctrine, the 14th amendment has been used to expand the bill of rights to
apply to the states. No, the constitution doesn't explicitly state this. But
the supreme court says that it is part of the constitution, which pretty much
makes it so (yes, there are some important legal distinctions between court
opinions and the Constitution itself, but for the most part, they function as
the same thing, with the opinions footnoting the Constitution).
Ender
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