That process is guided by many of the same considerations relevant to analysis
of other constitutional provisions that set forth broad principles rather than specific requirements.
Such regulation is not a forbidden invasion of state power merely because either its motive or its consequence is to restrict the use of articles of commerce within the states of destination, and is not prohibited unless
by other Constitutional provisions.
The Kentucky Court of Appeals, which was then the state's highest court, held that a statute authorizing public aid to private schools for exceptional children did not violate,
among other Constitutional Provisions on Education, Kentucky's Blaine Amendment because the funds were for children's «welfare» rather than «education.»
The plight of Florida and Colorado's voucher laws shows that courts disposed against vouchers can find creative ways to overturn them, relying upon their status as government funds and
myriad other constitutional provisions.
The denial of the right to vote to felons actually derives from
several other constitutional provisions pertaining the state establishment of the franchise and apportionment of Congressional seats which is not modified by any of the subsequent amendments due to their careful wording, rather than primarily from the 5th Amendment (which doesn't apply directly to the states anyway) or from the 14th Amendment due process clause (which incorporates many federal rights vis - a-vis the states).
Such regulation is not a forbidden invasion of state power merely because either its motive or its consequence is to restrict the use of articles of commerce within the States of destination, and is valid unless prohibited
by other Constitutional provisions.
«There is
no other constitutional provision granting the legislature the sole authority to draw its own lines, or even shared or secondary authority.»
The other constitutional provisions cited are either similar in substance, requiring only that no person be removed from his or her «natural judge» established by law, or are irrelevant to Appellant's argument.
[Footnote 2/1] For, as stated by the Court, that Amendment did not supersede
all other constitutional provisions «in the area of liquor regulations.»
Any problems raised by excessive discrimination can be addressed through conflict preemption or
other constitutional provisions, such as the Privileges and Immunities Clause.
But I do not believe there is anything in the Equal Protection Clause, or
any other constitutional provision, that justifies such a departure from the substantive holding contained in Part II of Swain.