Re: Justice Kennedy's Libertarian Revolution

[Robert Justin Lipkin]

       In light of Mark Graber's evidence--that the Framers believed due process to contain substantive content-- Slaughterhouse deserves additional opprobrium. If  one takes Justice Miller's understanding of the due process clause as "a restraint upon the power of the States" in what I would think could be read only as a processual right, then Justice Miller badly abused the intent of the Framers regarding both the privileges or immunities clause and the due process clause. Erroneous interpretations of two out three provisions of the same constitutional amendment is not a good track record. 

Bobby Lipkin
Widener University School of Law
Delaware