The LA Times comes out on the side of civil rights
In the Chicago case, the justices are considering whether the 2nd Amendment should be applied to the states by either the 14th Amendment’s due process clause (which applies to “persons”) or its privileges and immunities clause (which protects only citizens). The court should say yes, even as it reaffirms its assurance in its 2008 decision that government may still impose reasonable restrictions on the right to bear arms.
This is no time for the court to start picking and choosing when it comes to the Bill of Rights.
The last sentence being reserved to editorial boards.
October 7th, 2009 at 9:40 am
Whoever wrote this editorial is not a constitutional attorney because the 14th Amendment contains the “privileges OR immunities” clause. The privileges AND immunities clause is something else and it’s not in the 14th Amendment.