Re: Reproductive Rights and State Benefits (fwd)

Forwarded message:

> Date: Sun, 24 Aug 1997 00:11:52 -0500 (CDT)
> From: Mac Norton <mnorton@cavern.uark.edu>
> Subject: Re: Reproductive Rights and State Benefits (fwd)

> On Sat, 23 Aug 1997, Jim Choate wrote:
> > If accepted as fact this provides even less reason for the 14th. As it
> > clearly does not prevent federal rights over-riding state rights.
> 
> Jeez, it's too late to conduct Con Law Seminar 701, but focus
> on "liberty" in the 14th Amendment as transfering the Bill Of
> Rights, or most of it, to govern the states as well.  OK?
> Cause that's the SCt's view of it, and as I've said, it seems
> to work reasonably well, reagardless of the chinks in the logic.

Unfortunately neither does the 14th respect any right, only immunities
and privileges (which clearly are not rights since they can both be
revoked by the granting agency) but it doesn't work because it allows
the feds to intrude in areas they were not meant to be involved in.

The original Constitution already had a clause applying the Constitution
and all laws derived from it to the states and preventing judges or other
agencies from bypassing them. So, given that such extensions were already
in place just what does the 14th do?


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On Sun, 24 Aug 1997, Jim Choate wrote:
> 
> The original Constitution already had a clause applying the Constitution
> and all laws derived from it to the states and preventing judges or other
> agencies from bypassing them. So, given that such extensions were already
> in place just what does the 14th do?

Well, quite a bit actually, as interpreted by the SCt.  It makes
many, perhaps all, of the Bill of Rights prohibitions on Congress
applicable to state gov'ts as well.  Art. VI, to which I think
you refer, does not do so of its own accord.
MacN