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New article on Privilege or Immunities
By Alan Gura, Ilya Shapiro, and Josh Blackman, online here. It'll be in Cato's upcoming Supreme Court Review.
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Nice article. I was extremely offended by the Court's line of questioning with respect to "Ordered Liberty" and very happy at least Thomas recognized it as a fundamental issue!
JUSTICE GINSBURG: [...] What other enumerated rights? What does the privileges and immunities of United States citizenship embrace?
[...]
JUSTICE KENNEDY: Counsel, at the -- at the very outset of your argument Justice Sotomayor asked the question which as I understood it essentially said what are examples of privileges and immunities that are being denied by the States that -- which denial would be remedied by following your proposal to overrule the Slaughter-House case?
[...]
JUSTICE KENNEDY: But you want me to read the list -- grand jury indictment and civil trial and jury case, that's it. There's no other -- what are these other unenumerated rights?
MR. GURA: We can't give a full description of all unenumerated rights that are going to be protected by the Fourteenth Amendment.
JUSTICE SCALIA: That doesn't trouble you?
[...]
CHIEF JUSTICE ROBERTS: Privileges and immunities give you a lot more flexibility than due process, because it is not limited to procedural - where you don't have to deal with the hurdle that it's limited to procedural by the text.
Once more for those who seem to forever fail to understand:
RIGHTS come from God and are endowed by the Creator upon his creation.
Privileges and immunities are granted by the state and are subject to the whim of the state at all turns.
RIGHTS are inalienable, that is they cannot be legitimately taken away or given up.
The 14th never did and does not include Rights. Privileges and immunities do not mean Rights to anyone but those trained in legalese.
Wishful thinking about the first lie (Barron v Baltimore) and all the subsequent lies will not change the facts. The BoR was designed to control ALL levels of government. The 14th was about government provided privileges and immunities. The Supreme Court was just flat out wrong, stupid, and ignorant in its Barron decision. Apparently Marshall couldn't read and comprehend the Constitution any better than a current public school student OR he had TWS and wanted to transfer more power to his boys without having to go through that pesky amendment process.