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Both amendments, especially with regards to the concept of due process and equal protection as it is mentioned in both amendments, have been held to apply to bo
by chrisco255 3y ago
Both amendments, especially with regards to the concept of due process and equal protection as it is mentioned in both amendments, have been held to apply to both state and federal government under the legal principle of incorporation, by the Supreme Court (1).
However, property rights in particular are so-called natural rights recognized by numerous clauses of the Constitution as well as the Federalist Papers and the Declaration, in addition to centuries prior as part of Common Law. There is literally centuries of precedent protecting property rights, which include intangible propery rights, as stock certificates fall under.
The right to enjoy all the same rights and privileges as all other citizens is part of Due Process clause of the 5th amendment, in addition to the Due process clause of the 14th amendment.
"No person shall be deprived of life, liberty or property without due process of law"
In the case of stock certificates, the Contracts Clause is also relevant:
"No state shall . . . pass any law impairing the Obligation of Contracts"
Again, recognizing contractual negotiation as a right to be protected.
Article 2, Section 4, Clause 1 also states: "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."
Furthermore, there is no enumerated power for Congress to impose legal restrictions on members of Congress itself.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
That may sound tautological, but by the Supremacy clause the Constitution is the highest law in the land, and it decides the powers and restrictions that the three branches enjoy. If Congress could constitutionally pass arbitrary bills to restrict the privileges or rights of members of Congress, without going through the full process of amending the Constitution, the Constitution would seize to have Supremacy in determining the qualifications and restrictions for members of Congress. That is to say, equal protection applies to Congress in all cases except as provisioned in the Constitution.
(1) https://www.law.cornell.edu/wex/incorporation_doctrine https://www.law.cornell.edu/wex/incorporation_doctrine
(2) https://www.law.cornell.edu/supremecourt/text/347/497 https://www.law.cornell.edu/supremecourt/text/347/497
(3)