Author Topic: 9th circuit gun ruling appealed to Supreme Court  (Read 3144 times)

fightingquaker13

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Re: 9th circuit gun ruling appealed to Supreme Court
« Reply #10 on: June 08, 2009, 06:54:58 PM »
Heller determined that the 2A applied to the FEDERAL Govt. (Whether that is a level of "incorporation" or not I don't know )
The Chicago and NY cases will determine  if States and cities are bound by that, as they are on all 9 of the other articles in the bill of rights.
No, its not incorporation. Initially the bill of rights was held to restrict only the feds, as in "Congress shall make no law..." The states, as soveriegn entities, were free to do as they chose. The14th amendment, with its due process clause, let the feds apply the Bill of Rights to the states. They have done so slowly and unevenly. Until Heller, the 8A's prohibition afainst excessive fines and bail, and, oddly enough the 2A were the only "unicorporated" rights. If the court rules that the 2A is unincorporated, eg applies just to the feds, we are screwed on the state level.If they apply the reverse and say that it is, sometime in the next decade I will buy you a beer in Boston, while we are both carrying. ;D
FQ13

tombogan03884

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Re: 9th circuit gun ruling appealed to Supreme Court
« Reply #11 on: June 08, 2009, 10:23:57 PM »
 If we are both carrying in Boston and you buy me a beer I will drink it, something I have not done in 15 years !

 

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