Home Forums Hunting & Shooting Hunter's Campfire 1st amendment "non-essential" in Raleigh

He got elected with Voter fraud, very very thin margin. The "Bathroom Law" did in the former republican Governor . I don't think the protests are stopping, he will be a one term governor.

The Due Process clause still doesn't bar States from denying the privileges and immunities by due process within the State. States can enact laws and decrees that deny the privileges, etc. and enforce the procedures by due process.

No,no. Due process is a different thing. It's all wrapped up in, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” (If you read in context it's clear that "the state" means any of the several states.)

The rights embodied within the Bill of Rights are generally found to be within the privileges and immunities" stated in the 14th Amendment (on a case by case basis, can't think of an exception). Second Amendment for example Hence the Court held that state lav cannot be violative of the right to keep and bear arms..

Doesn't hold water.

As to the Second Amendment, it IS a right enumerated and for all citizens by the Constitution, so using 2A as your argument is specious.

It does state that States can deprive with due process. It also fails to define "privileges and immunities"

"shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law".

14A has been interpreted to go far beyond the script, and I'm not complaining.

Jesus ph uck... are you lawyer?? Or just play one on 24 Hourcampfire?

So a state can enact a law depriving a non resident due process?

Where are you finding this chit? You gone off your rockers..

Have you ever read the whole Constitution? A truly strict reading might surprise you.

It's been so hashed and re-hashed all to hll over its life that what we think it says sometimes is a bit different.

BTW, don't tell me when I have to pick up my marbles and leave.

Everything I've said has been argued in the SCOTUS. Not all of my arguments have prevailed.

They're calling this virus SARS Cov2. SARS cov (the first one, from 2003) still doesn't have a vaccine.

nighthawk,

I have to tip my hat to you.

You can’t possibly be this stupid. Do you really think we will be able to do this for the next 18 months and still function as a society. Most people cannot fathom the amount of damage that is currently being done to our culture and economy. We have fought wars and lost hundreds of thousands of souls that had we not fought would be far less damaging than what we are currently experiencing. Get a fugging brain and perhaps your first clue.

I'd send Ernest T. Bass up to Raleigh and git it settled right now.

So to cases. Gitlow v. New York was a seminal case on incorporation. Here's a good article: The First Amendment Encyclopedi

From the article:
In doing so, however, the Court identified free speech and press as “among the fundamental personal rights and ‘liberties protected by the due process clause of the Fourteenth Amendment from impairment by the States.” The Gitlow decision marks the beginning of the incorporation doctrine, which extended the scope of speech rights and, later, most of the Bill of Rights."

So apparently they did use due process but first they would have had to find free speech, et al. to be a fundamental. personal right and apply the privileges and immunity clause to bring it within the ambit of the due process clause Or so I would argue. (In my defense it's been well over 25 years since I've read Gitlow And incorporation was blackletter law even then.)

Ask Colorado what happened when they told that baker he had to bake that cake for same sex marriage.. I’m pretty sure states don’t have as much authority/power as you think. Start [bleep] with the 1st amendment you are asking for trouble.. just because you read the constitution doesn’t make you a constitution lawyer.. hell ted bundy studied law for a few semesters look where that got him..

Colorado didn't proceed within their own guidelines. From the Justia syllabus:" The State’s interest could have been weighed against Phillips’ sincere religious objections in a way consistent with the requisite religious neutrality that must be strictly observed." Justia

Different result if they had followed their own rules? Your crystal ball is as good as mine. (crystal ball - always sounded like a prosthetic device in a bad joke to me.)