FlyerTalk Forums - View Single Post - Discussion: Constitutionality of BOS (Logan) BDO program
Old Aug 20, 2011 | 6:53 pm
  #246  
JumboD
 
Join Date: Mar 2007
Programs: AA 1MM
Posts: 3,182
Originally Posted by VH-RMD
but it is the 14th which clarifies that all persons are included in being subject to protection of the law.
Yes, but that particular clause refers to protection under law as administered by an individual state, not the federal government. Read the first half of that sentence:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

Clearly the sentence, in its entirety, is referring to states making or enforcing laws in conflict with the U.S. Constitution, since federal law has previously been covered in other Amendments (4 and 5 in this particular case). While the first part of Section 1 discusses citizenship as it applies to both state and federal authorities, the second part of that section refers to state laws that are in conflict with rights granted by the federal government.
JumboD is offline