The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Sunday, April 13, 2014

An Incorporation Amendment

Would this do?

The protections afforded rights, liberties, and privileges of the people and citizens of the United States against federal encroachment by this Constitution are hereby extended to protect them as well against encroachment by the states, or any authority subject to them, or to the United States.

Admittedly, it would be prudent to turn down the First Amendment, a bit, beforehand.

And to abolish the Second, altogether.

But, with this adopted, judges could back away from the established lies about 14th Amendment due process and still defend as much of the sexual, anticlerical revolution of the 20th Century as can be based on that toned down First Amendment.

As for the equal protection clause, we should probably keep it, though it has never been entirely clear how the Congress - not the courts - could force the states to obey it.

Read honestly, significant violations by the states have disappeared with the reign of the Klan, and state law enforcement does appear to expend equal effort protecting all groups, though levels of crime victimization are not the same.

Sooner or later, judges may be willing to accept a role in government and society consistent with admitting that.

When that happens it will be quietly admitted that Brown and its progeny were wrong.

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