Quote: (01-20-2017 05:07 PM)Libertas Wrote:
Quote: (01-20-2017 04:55 PM)2Wycked Wrote:
you still have the Due Process clause of the 5th Amendment by which quite of bit of what you oppose has been held constitutional or necessary to meet constitutional standards.
It would actually be inert in relation to the states if the 14th went by the wayside. The 5th only applies to the federal government by itself, the 14th made the Bill of Rights applicable to the states.
At least as far as my understanding of the case law goes.
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Also, some constitutional protections you most likely favor were justified under the 14th Amendment. I'm not familiar at all with the Heller case (which incorporated the Second Amendment as against the states), but the NRA has repeatedly tried to use the protections afforded by the Fourteenth Amendment to protect gun rights (as the Fourteenth protects rights of free speech, free practice of religion and prohibitions on cruel and unusual punishment).
Yeah, they used the 14th in the Heller case to incorporate the 2nd Amendment to the states like they have the others in the Bill of Rights.
This is mostly correct. I came here just to post about incorporation under the 14th. The 14th Amendment incorporates the Bill of Rights to the states, whereas previously the Bill of Rights only applied to laws promulgated by the federal government. The Second Amendment is the most recent to be incorporated to the states, although it was actually the McDonald v. City of Chicago case where the court incorporated the second amendment to the states, not Heller.
As far as I know, all of Amendments 1-8 have been incorporated to the states with the exception of a few items relating mostly to criminal procedure under Amendments 6, 7, and 8. I'm also pretty sure the unincorporated issues have never made it up to SCOTUS in the last 100 years so they very likely would be incorporated if there was a case today. Fortunately, most, if not all, state constitutions protect the same rights of the accused as these Amendments.
It's also pretty clear the 14th Amendment was never intended to grant citizenship to anyone born here. Only for children of citizens (specifically, kids of the freed slaves).