Constitutional Law

One debate I cannot understand

A post in the Washington Times. Key theme is conservatives (esp. "judicial activism is my key tenet" such) getting worried.

My take: if there are ever five Justices for it, they can do ANYTHING they want under due process incorporation, since it has no leg or popular history underlying it -- it's more of good result, mind the means, rulings. At least privileges or immunities incorp has a historical background, explanations by Sen, Howard abd Rep. Bingham, as some manner of originalist limitations.

Full post as published by Of Arms and the Law on March 01, 2010 (boomark / email).