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  1. #1
    Ghost Monkey Soul Vizconde's Avatar
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    Default 2nd Amendment: ripe for selective incorporation to the states

    District of Columbia v. Heller 554 U.S. ___ (2008) was the first 2nd amendment case heard by the U.S. Supreme court in 70 years was substantial precedent as far as the right to bear arms. Strong precedent but limited practical application because most gun control laws are state or local. However it has set the stage for the 2nd amendment to become a national right. A appellate case out of Chicago looks like it might be the precedent on which the 2nd amendment will be incorporated to the states and thus a national right as the U.S. supreme court heard arguments on whether the 2nd amendment right to bear arms is a fundemental right in McDonald vs. Chicago.

    Unlike the 1st, 4th, 5th, 6th amendments the US Supreme Court had not recognized the 2nd amendment 'right to bear arms' applicable to the states (via the 14 amendment due process clause as the other selective incorporated fundemenal amendments of the Bill of Rights). This is an important case not only for gun right advocates/gun control advocates but also would be a very important precedent for those who advocate greater incorporation of the U.S. Bill of Rights...especially the 3rd, 7th and 8th Amendments.

    See Justices signal they're ready to make gun ownership a national right - latimes.com
    I redact everything I have written or will write on this forum prior to, subsequent with and or after the fact of its writing. For entertainment purposes only and not to be taken seriously nor literally.

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    Yeah, looks like a slam-dunk for freedom, albeit 5-4 or 6-3 at best.

  3. #3
    Ghost Monkey Soul Vizconde's Avatar
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    I would say will not get more than a 5-4.

    Boost for freedom yeah but perhaps also raises chances of violent revolution a bit more which is a little scary. Striking down campaign financing reform and incorporating the 2nd amendment to the states is a bit of a volatile cocktail.

    What a lot of people either don't understand or will not publicly admit is that whole point of the 2nd amendment is not about hunting or fighting crime rather its another check and balance of keeping the government kinda afraid of its own people rather than strictly the other way around.
    I redact everything I have written or will write on this forum prior to, subsequent with and or after the fact of its writing. For entertainment purposes only and not to be taken seriously nor literally.

    Quote Originally Posted by Edgar View Post
    Spamtar - a strange combination of boorish drunkeness and erudite discussions, or what I call "an Irish academic"

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