[inquest]

Do you have an example in which the SC has allowed state regulation of speech or religion in a way it has denied the federal gov't?

I thought I did but I don't. When I went to look, I found that I had been more confused that I thought. I had always heard that it was the "privileges and immunities" clause that the courts cited in imposing the BOR on the states, but you're right, it does look to be the substantive due process doctrine. Thanks for the heads up. I'm glad we had this conversation.

[NathanM]

I have more information on the 14th Amendment, which I will publish in next week's column. To some, it may be rather surprising! Also, I have current examples of SC that "violate" the Fed Constitution. All that and more, soon. I will post links to the articles on this thread.