[Sherman Logan]

Sounds like a pretty stupid law.

However, I think it’s reasonable to point out that if we really believe in federalism and/or states’ rights, part of the package is that some states will pass stupid laws.

For most of its history, the Bill of Rights was not considered to apply to the states and their laws. 14A has gradually changed that. I believe recent rulings have decided 2A does apply to the states in some cases. Maybe this case will expand rights farther.

[marktwain]

“For most of its history, the Bill of Rights was not considered to apply to the states and their laws.”

For about 90 years, from 1833 to about 1925, roughly.

There were state court cases in the early 1800’s that invalidated state weapons laws based on the second amendment. In 1833, the Supreme Court ruled that the Bill of Rights did not apply to the States in Barron v. Baltimore.

Then about 1925, the Supreme Court started, belatedly, saying that the 14th amendment applied the protections of some of the bill of rights to the states.

That is about 90 years out of 225, even though incorporation has been a hit and miss, slipshod process.

[Red in Blue PA]

However, I think it’s reasonable to point out that if we really believe in federalism and/or states’ rights, part of the package is that some states will pass stupid laws.

So if states pas laws that individual must quarter soldiers, you are fine with this?