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Eleanors38

(18,318 posts)
23. The precedent, as I read it: No state can restrict the
Thu Jun 26, 2014, 02:05 AM
Jun 2014

privileges & immunities of a U.S. citizen. It does not prevent a state's exercise of power as long as it doesn't abridge those privileges & immunities as described in the BOR. This dynamic has been seen before. Exp: Gideon said essentially that the state of FL could not (14A) pass laws abridging Gideon's right to "assistance of counsel" (6A). Any abridgement of any right by a state runs afoul of the 14th, as well as the enumerated BOR right. The McDonald ruling is one of several such.

I'm not sure what Congress will do if D.C. has constructed a cantilevered bridge with no gusset plates. But in lieu of action, the question becomes whether or not D.C.'s laws represent the privileges & immunities of all U.S. citizens, esp. With regards equal protection of the law.

Home rule (or not, in D.C.'s case) is a bitch.

This might be a question to throw out at Volokh Conspiracy's site. (It is now with WAPO.) Yeah, it's libertarian, but Heller & McDonald were brought by Cato Institute lawyers; you find your friends where you find them.

On edit: Crudely put, a law regarding pot use & its penalties in D.C. is de facto making some U.S. citizens "more equal than others," and may be a violation of equal protection rights. Ve-l-l-ly intelesting.

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Good - it was just decriminalized in Jamaica malaise Jun 2014 #1
"Long Haired Country Boy" Uncle Joe Jun 2014 #3
You know while all the great Reggae singers lived in Kingston malaise Jun 2014 #5
I hear you, malaise, we're all connected one way or the other through music. Uncle Joe Jun 2014 #7
I have long found that they are the only professionals who celebrate one another malaise Jun 2014 #8
Here's to humility and enlightenment. Uncle Joe Jun 2014 #9
Google "Two Faces Have I," Lou Christy (1963) on youtube... Eleanors38 Jun 2014 #18
Thanks Eleanors38 malaise Jun 2014 #24
I was talking with Joe Nick Patoski several years back... Eleanors38 Jun 2014 #25
That's not true malaise Jun 2014 #26
Those music forms did indeed precede reggae... Eleanors38 Jun 2014 #27
K & R !!! WillyT Jun 2014 #2
WillyT! Uncle Joe Jun 2014 #4
A legal Eicher staircase. I enjoyed a venison burger, then... Eleanors38 Jun 2014 #6
A conundrum wrapped within an enigma, or something like that. Uncle Joe Jun 2014 #10
Condom wrapped in stigma?! Eleanors38 Jun 2014 #16
That works. Uncle Joe Jun 2014 #19
Have you seen this Uncle Joe malaise Jun 2014 #11
"What's to become of me!?" Uncle Joe Jun 2014 #13
"What About Me?" Richie Havens summed it up. Eleanors38 Jun 2014 #28
But this is the course of the action anyway RainDog Jun 2014 #12
I believe you make a good point, RainDog, that's what it seems like to me. Uncle Joe Jun 2014 #14
A curious "reverese" reflection of the D.C. Heller decision... Eleanors38 Jun 2014 #21
so, would the McDonald decision be precedent? n/t RainDog Jun 2014 #22
The precedent, as I read it: No state can restrict the Eleanors38 Jun 2014 #23
"Private Prisons Spend Millions On Lobbying To Put More People In Jail" Uncle Joe Jun 2014 #15
Maybe he has a stash in his living room . . . Jack Rabbit Jun 2014 #17
We can only hope, Jack Rabbit, but I believe he's addicted to powdered Kool Aid, Uncle Joe Jun 2014 #20
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