Reply To: Bill of Rights – Incorporated


No, there’s not a broad power “to determine the various levels of economic freedom within a particular State” delegated by the 14th Amendment. Sen. John Sherman, R-OH, told his constituents during the ratification campaign that the amendment would have no effect in Ohio. Why? As the Court said in Slaughterhouse, it was intended to ensure the rights of the freedmen.

I evaluate a recent book making the point to which you allude here:

Not Your Founders’ Constitution