Posted by djf on October 03, 1998 at 21:44:33:
In Reply to: Joseph Story's History of the Constitution posted by Paul Andrew Mitchell, B.A., M.S. on October 03, 1998 at 20:35:19:
In the intro, it talks about the somewhat diminishing role (or limitations) on the federal government because of the 14th amendment and reliance on "equal protection under the law" arguments. This is somewhat specious as cites have been made that say equal protection is part of due process, fifth amendment wise. This is somewhat comparable to some treatises I have read lately about Habeas Corpus. Habeas Corpus (You Have The Body) is a demand that the court produce an injured party. Such a party MUST EXIST for an action at "Law", or NO CRIME HAS BEEN COMMITTED. Unless, of course, you are dealing with Admiralty, in which case you're conquered anyway.
Will keep reading...