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Jens 'n' Frens
Idle thoughts of a relatively libertarian Republican in Cambridge, MA, and whomever he invites. Mostly political.
"A strong conviction that something must be done is the parent of many bad measures." -- Daniel Webster
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Monday, June 28, 2010 :::
Despite my misgivings about Substantive Due Process as an original matter, I have acquiesced in the Court’s incorporation of certain guarantees in the Bill of Rights “because it is both long established and narrowly limited.” Albright v. Oliver , 510 U. S. 266, 275 (1994) ( Scalia, J., concurring). This case does not require me to reconsider that view, since straightforward application of settled doctrine suffices to decide it. SCOTUS holds, 5-4, that the fourteenth amendment's "due process" clause causes the second amendment to bind the states. I think I feel more or less the way Scalia does here; "substantive due process" seems pretty sketchy, but very much no less so for this right than for most of the others to which it has been applied. I don't know which side of this vote that would ultimately have put me on.Labels: guns
::: posted by dWj at 11:24 AM
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