“the 2nd Amendment doesn’t apply to states and cities”
As far as I recall, it doesn’t say “Congress shall make no law abridging the right of the people to keep and bear arms,” á la the first amendment. It simply says the right of the people to keep and bear arms shall not be infringed. To me, that means it won’t be infringed by anyone. ‘Cause the Constitution doesn’t just tell the federal government what it can and can’t do; it also tells the states what they can’t do.
Then there’s the whole “incorporation” thing, which is BS, but is well-established.
Yes it is... The Constitution never mentions the word "incorporation."
The Constituion never mentions "education" or "marriage" either...
I am not a lawyer, but common sense tells me that if the Constitution does not apply to the states, then states may forbid freedom of speech, forbid arms, change contracts at their whim, jail political enemies, ....on and on.
Obviously the Constitution and the Bill of Rights apply to the states as well.
Funny this stuff comes from a liberal court when it has been the liberal courts that applied federal laws to the states (equal opportunity, school busing, etc.) to bring about their version of life in these United States.
But now federal courts have no say in the matter of the 2nd Amendment?
The amendments have to actually be incorporated. It wasn’t done on a whole sale basis. The second is one that notably hasn’t been incorporated.
I have seen some people say that Easterbrook and Posner are using this decision as cert bait to get the SC to incorporate it.