The Slaughterhouse Cases at 150
We the People
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Incorporation of the Bill of Rights
Lesh: Justice Thomas' invitation to resurrect privileges or immunities was accepted. He says the court could do so without having to overrule Slaughterhouse because there's nothing in Slaughterhouse which rejects the idea of incorporation of the Bill of Rights. Lesh: Miller resisted embracing and nationalizing the entire panoply of unenumerated common law rights into the privilege or immunities clause. But he said that would transform the very nature of the Federalist constitution and basically transform the federal government into a government of police power.
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