Guns and ... Slaughter-House?!?
Mark.Scarberry at pepperdine.edu
Tue Feb 9 17:38:26 PST 2010
I'm sure this has been discussed elsewhere, but what about a kind of
bootstrap argument that the P or I Clause protects basic liberties
(primarily Bill of Rights) with regard to citizens, and then the Equal
Protection Clause requires that at least somewhat similar rights be
given to others who are "persons" though not citizens? Note that a
similar argument has been used to provide heightened scrutiny under the
EP Clause with regard to classifications that substantially burden
rights found to exist under the Due Process clauses (substantive due
There also is the argument someone has made (Prof. Erwin Chemerinksky?)
that the P or I Clause's reference to citizens does not limit its
application to citizens but rather identifies the privileges and
immunities that are within its protection (namely the privileges and
immunities that citizens have been accorded).
Mark S. Scarberry
Pepperdine University School of Law
-------------- next part --------------
An HTML attachment was scrubbed...
More information about the Conlawprof