This.
Before the NRA got involved in McDonald, the case was pursuing incorporation of the Second Amendment as a Privilege or Immunity of being a United States citizen. The NRA got involved and said "no, we want Due Process". Why? Because going the Due Process route creates a framework for regulation and infringement that requires each specific instance of infringement to be decided through narrowly tailored opinions. Even SCOTUS said they were willing to revisit the caselaw surrounding Privileges or Immunities because they view those cases as wrongly decided, but since the option of Due Process was raised they did not have to.
Privileges and Immunities (Article IV), not Privileges or Immunities (Amendment XIV). The former applies to the federal government, the latter to the states.
Sorry for the pedantry, but the distinction was on the bar exam literally two days ago, and my head still hurts.
The distinction is that if it's a right for the purposes of P&I, it is very difficult to infringe upon it (think strict scrutiny, must be narrowly-tailored ("least restrictive means") toward achieving a compelling governmental interest), where as Due Process basically just means that you have a chance to be heard on the merits.
Your on to something.He makes Carter look competent?
Thank you. I've missed it before in the past, if only barely; results come out 4 September this time.
In this job market, pure mercenary: I'll practice whatever somebody will pay me to do.
I just wish they'd hurry up with the subjugation stuff...reality TV is boring the crap out of me.
