CLayton wrote:
(BTW, I seem to recall that the first incorporation case was in 1896,
involving taking property without compensation... don't remember case
name.)
One of the great mysteries to me has always been how selective
incorporation through the due process clause of the 14th Amendment
has been used to impose some of the guarantees of the Bill of
Rights onto the states, but not others (specifically, for purposes
of this list, the Second Amendment).
Read somewhere that the real mystery is requirement of grand jury
indictment. Question there is .... the pre-CW english & american
commentators, when defining due process of and its close cousin, the
law of the land, had a major tendency to cite the grand jury
indictment requirement as the prime example. No one may be prosecuted
without the endorsement of representatives of his community. And so
it winds up un-incorporated?
I've been digging through the decisions of the Supreme Court,
trying very hard to understand the reasoning, and I am beginning
to wonder if "substantive due process" came off the same saucer
in Roswell that gave us the little green men and all our modern
technology. :-)
I think you're on to something here! (grin). I think it was just an
earlier version of the saucer, without GPS guidance, etc.
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