Justice Thomas’ opinion in McDonald vs. Chicago has established a new precedent for the future use of the privileges and immunities clause of the 14th amendment.
This clause guarantees that the rights granted by the Federal government can’t be undone by a state or local government. No justice argued against Thomas’ opinion as applied to this case.
I see a problem here with issues like Obamacare. The states’ argument against Obamacare is that it impinges on their freedom to govern. They might even win that case.
But, are there enough people who view healthcare as a right to push it as an amendment? Are their politicians who would vote in favor of that? I think the answer to both questions may be yes.
If this is the case, then there is now a foolproof way to armor Federal social programs: have aspects of them ensconces as Constitutional rights that can’t be infringed.
This won’t happen right away, but it will be interesting to see how this pans out over the next generation.




