Constitutional Law

Thoughts on the 14th Amendment cases

The National Law Journal has some thoughts on the Chicago and other cases raising the incorporation question. I tend to think the thoughts rather shallow, rooted in "liberal vs. conservative," which doesn't always work in a 2nd Amendment context, and rarely works in a 14th Amendment one.

(To go back to my formative years ... Justice Black said the 14th Amendment incorporated the entire of the bill of rights, and "Congress shall make no law" meant Congress "shall make no law," period. Is that liberal or conservative?)

Full post as published by Of Arms and the Law on February 23, 2009 (boomark / email).