Constitution and the Founding Fathers. Was: Re: gun control

[Michael Hoover]

> Actually, there was an earlier case in the history of the incorporation
> doctrine, *Chicago, Burlington and Quincy Railroad Co. V. Chicago*
> (1897), which construed a limit on the poower to take private property
> for public use without just compensation.  Thus, it was in the interests
> of capital that the incorporation doctrine was first expressed.
> Paul Rosenberg

I've seen above case construed as such, but didn't justice John Harlan 
(guy right-wingers now love to cite for his 'color-blind' lone dissent 
in Plessy) base court's decision in above case on #14?...I don't recall 
him mentioning #5 due process or #5 just compensation, rather he referred 
to Illinois state constitution...how did above decision differ from
other industrial revolution era cases in which Supreme Court developed
substantive due process under #14 to invalidate state economic
regulations?

in *Gitlow*, the court expressed that #1 speech and press are among
basic rights and liberties protected from impairment by states - 
even as it upheld Benjamin Gitlow's conviction for violating New 
York's 'criminal anarchy' law - because word *liberty* in #14's due
process clause includes liberty of speech...   Michael Hoover