Forwarded message:
Date: Sun, 24 Aug 1997 00:11:52 -0500 (CDT) From: Mac Norton <mnorton@cavern.uark.edu> Subject: Re: Reproductive Rights and State Benefits (fwd)
On Sat, 23 Aug 1997, Jim Choate wrote:
If accepted as fact this provides even less reason for the 14th. As it clearly does not prevent federal rights over-riding state rights.
Jeez, it's too late to conduct Con Law Seminar 701, but focus on "liberty" in the 14th Amendment as transfering the Bill Of Rights, or most of it, to govern the states as well. OK? Cause that's the SCt's view of it, and as I've said, it seems to work reasonably well, reagardless of the chinks in the logic.
Unfortunately neither does the 14th respect any right, only immunities and privileges (which clearly are not rights since they can both be revoked by the granting agency) but it doesn't work because it allows the feds to intrude in areas they were not meant to be involved in. The original Constitution already had a clause applying the Constitution and all laws derived from it to the states and preventing judges or other agencies from bypassing them. So, given that such extensions were already in place just what does the 14th do? ____________________________________________________________________ | | | Participation requires more than just bitching! | | | | _____ The Armadillo Group | | ,::////;::-. Austin, Tx. USA | | /:'///// ``::>/|/ http:// www.ssz.com/ | | .', |||| `/( e\ | | -====~~mm-'`-```-mm --'- Jim Choate | | ravage@ssz.com | | 512-451-7087 | |____________________________________________________________________|