Regarding the USSC’s practice of selective incorporation, does anybody know why the USSC established that tradition? The reason that I ask is this. Congressional records show that John Bingham, the main author of Sec. 1 of the 14th A., had definitely given the impression, IMO, that the 14th A. applied all enumerated constitutional privileges and immunities to the states, not just those in the BoR. This is evidenced by Bingham having noted that most privileges and immunities just happened to be in the BoR.

“Mr. Speaker, that the scope and meaning of the limitations imposed by the first section, fourteenth amendment of the Constitution may be more fully understood, permit me to say that the privileges and immunities of citizens of the United States, as contradistinguished from citizens of a State, are chiefly defined in the first eight amendments to the Constitution of the United States.” –John Bingham, Appendix to the Congressional Globe http://tinyurl.com/y3ne4n

So since Bingham had essentially indicated that the 14th A. pre-applied (my term) all privileges and immunities anyway, it seems that the USSC has no basis for its practice of selective incorporation. So will somebody please point my head in the right direction concerning selective incorporation?

A fair Chief Justice wouldn’t have allowed Scalia to do what he did.

Anyone who suggests we should let Republicans appoint all the SC justices is smokin’ funny cigarettes.