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Thread: If it is a right, why is it merely protected by due process? Thomas Mitchell, Editor

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    Jun 2006
    Washington Island, across Death's Door, Wisconsin, USA

    If it is a right, why is it merely protected by due process? Thomas Mitchell, Editor

    Quote Originally Posted by Thomas Mitchell
    Thomas lambasted the plurality for its weak stance.

    “All of this is a legal fiction,” he declared. “The notion that a constitutional provision that guarantees only ‘process’ before a person is deprived of life, liberty, or property could define the substance of those rights strains credulity for even the most casual user of words. Moreover, this fiction is a particularly dangerous one. The one theme that links the Court’s substantive due process precedents together is their lack of a guiding principle to distinguish ‘fundamental’ rights that warrant protection from nonfundamental rights that do not. Today’s decision illustrates the point.”

    Quote Originally Posted by CATO
    Unfortunately, the Privileges or Immunities Clause was strangled in its crib by a recalcitrant Reconstruction-era Supreme Court that refused to acknowledge the sea change in federal-state relations after the Civil War. In a set of 1873 cases on the regulation of Louisiana abattoirs — appropriately known as the Slaughterhouse Cases — the Court virtually erased the Privileges or Immunities Clause, reducing its contents to a risible set of federal rights.

  2. #2
    Regular Member Tomas's Avatar
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    Mar 2010
    University Place, Washington, USA
    Couple of thoughtful reads, there. Thanks for posting 'em up!
    No tyranny is so irksome as petty tyranny: The officious demands of policemen, government clerks, and electromechanical gadgets. -- Edward Abbey

    • • • Quis custodiet ipsos custodes? Faciémus!• • •

  3. #3
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    Mar 2008
    Lancaster County, PA
    Not only do we suffer abuses under the Slaughterhouse ruling, but also Wickard v. Filburn and US v. Carolene Products. All three of those cases are completely antithetical to liberty but are exploited to the fullest extent possible by the federal government and completely unknown to and/or ignored by the people.

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