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Old 07-03-10, 11:59 PM   #5
Sailor Steve
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Quote:
Originally Posted by Molon Labe View Post
Only Justice Thomas (and me, FWIW) agree that the case should have been decided under the P&I clause. Whenever part of the Bill of Rights is held against the States, it's done under the due process clause of the 14th Amdendment, not Privileges and Immunities. Also, local governments derive their power from the State governments, so a restriction against the States binds localities as well.
I think I understand, but I'm not much better with law than I am with math. I was mainly addressing the person who wanted to rail against the 'other side' for not understanding the Constitution, when it was fairly clear that he didn't either. I study history mostly, and the history of that entire era fascinates me, so I have studied the history of the law as it was seen at the time, somewhat. I don't by any means claim to be an expert.
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