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McDonald v. Chicago: Fourteenth Amendment Incorporation, and Judicial Role Reversals." I start off with a note that in McDonald, the liberal wing turned conservative, and the conservative wing liberal, with the most liberal justice, Stevens, rejecting all of the Warren Court decisions, and one of the most conservative justices, Thomas, becoming heir to the (on this issue anyway) very liberal Justices Black and Douglas. That and Justice Scalia discovered that precedent can trump originalism, while the liberal wing discovered the virtues of judicial restraint.
I found the dissent very, very, weak, and point out a few problems with the plurality. I also try to resolve what may have been the unuttered concerns of the plurality with privileges or immunities incorporation.
I found the dissent very, very, weak, and point out a few problems with the plurality. I also try to resolve what may have been the unuttered concerns of the plurality with privileges or immunities incorporation.
Paper available at link.
http://armsandthelaw...raft_articl.php
