[ned]

And there's a fifth position, which is the one I take: No incorporation, no "natural law" or "shock the conscience" tests - simply, the states are only prohibited from doing what the Constitution expressly prohibits them from doing. Surprised that wasn't even listed.

It might seem inappropriate to you that people have interpreted the due process clause in somewhat different ways, but how are any of those different interpretations less defensible than an interpretation which would hold that it added nothing to the Constitution?

[tpaine]

Notice that 'inquest' had no answer to our rights NOT requiring 'enumeration' under the 9th. - Or the 14th.

Those who would limit our rights insist that we must list them.
- The opposite is true. - Laws list limits. Freedom is limitless, and need not be listed.

[inquest]

I didn't say that the 14th amendment added nothing to the Constitution. I said it added very specific provisions to the Constitution, not open-ended "natural law" mumbo-jumbo that basically says to judges that they can legislate however they damn well please.