Second amendment thread

[Mark Rahdert]

Yet the Court has always insisted on applying the guarantees in the 
same fashion and with the same interpretation to both the federal 
government and the states.  That was one of the big points in Adarand 
Constructors.

Mark Rahdert
Temple

At 12:30 PM 4/18/2007, DavidEBernstein at aol.com wrote:
>I think Kurt Lash is right to suggest that we can't literally 
>"incorporate" or even "apply" the Bill of Rights to the States. How 
>can this possibly work, for example, with regard to the 
>Establishment Clause?  What we can do is suggests that either due 
>process or "privileges or immunities" was meant to include the same 
>general rights applied against the states as are applied against the 
>Federal government.  That doesn't necessarily meant that the rights 
>have exactly the same scope vis a vis the feds as with regard to the states.
>



Mark C. Rahdert
Professor of Law
Temple University
Beasley School of Law
1719 North Broad Street
Philadelphia, PA  19122

Phone: 215-204-8966
Fax: 215-204-1185
Email: mark.rahdert at temple.edu
    
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