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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