The reason that "privileges or immunities" has been ignored is a really long ramble about women's rights in America, but that's not a smart way to go as that clause is pretty much dead in the water.
Not that it's not a good clause or a smart clause or anything else that can go [here], but the Justices are right in saying that if you want to be taken seriously and not appear to have slept through law school, you shouldn't really go that route.
Unless you really wanted your brief to be brilliant piece of constitutional editorial that won't accomplish anything for 50 years or to make a point, it is best to use what is considered standard(?)
And in any case, due process would work better in the long run, but I'm not him.
**** For my actual thoughts on the case, I will have to go read the brief as I hadn't been paying attention.
For a longer clarification of Constitutional Law practices, I can go search my notes for a annotated bibliography, but the neutering of that clause has been so pervasive in American history, you'd probably be better off taking a Constitutional Law class. Which I admit is not what the layperson really wants to hear, but oi, that could be a class all on it's own.
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about the law details
Date: 2010-03-08 05:20 am (UTC)Not that it's not a good clause or a smart clause or anything else that can go [here], but the Justices are right in saying that if you want to be taken seriously and not appear to have slept through law school, you shouldn't really go that route.
Unless you really wanted your brief to be brilliant piece of constitutional editorial that won't accomplish anything for 50 years or to make a point, it is best to use what is considered standard(?)
And in any case, due process would work better in the long run, but I'm not him.
**** For my actual thoughts on the case, I will have to go read the brief as I hadn't been paying attention.
For a longer clarification of Constitutional Law practices, I can go search my notes for a annotated bibliography, but the neutering of that clause has been so pervasive in American history, you'd probably be better off taking a Constitutional Law class. Which I admit is not what the layperson really wants to hear, but oi, that could be a class all on it's own.
BLAH LAW PRACTICES