[inquest]

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.

[tpaine]

Your idea is shot down by the 9th. -- "Enumeration".

[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?

[Labyrinthos]

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.

Isn't that the purpose of the priviledge and immunities clause? States are prohibited from denying a person the priviledges and immunities that the person is entitled to as a citizen of the United States.