To: marktwain
The historical tradition is travelers always had the right to carry. They were treated with more respect because it was known they were more vulnerable. While I agree with you about this functionally, legally it is another matter. This is where the 14th Amendment Selective Incorporation doctrine of the SCOTUS runs aground. It will be a very interesting test between State Sovereignty under the 10th Amendment v. the 2nd Amendment right to bear arms. It will depend upon whether the Justices read the 10th correctly:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The power to control who is armed is NOT "delegated to the United States;" as the right to keep and bear arms is instead acknowledged by the Constitution as a pre-existing right in the 2
nd Amendment. We shall see if they get it right.
3 posted on
06/24/2024 5:45:45 AM PDT by
Carry_Okie
(The tree of liberty needs a rope.)
To: Carry_Okie
Excellent analysis. Thanks
5 posted on
06/24/2024 6:03:44 AM PDT by
edwinland
To: Carry_Okie
“The power to control who is armed is NOT “delegated to the United States;” as the right to keep and bear arms is instead acknowledged by the Constitution as a pre-existing right in the 2nd Amendment. We shall see if they get it right.”
Very nicely put.
Carry on.
7 posted on
06/24/2024 6:21:10 AM PDT by
Macoozie
(Roll MAGA, roll!)
To: Carry_Okie
Under McDonald, the states (and their subdivisions) are as bound by the 2nd Amendment as the federal government is under Heller (and thus Bruen or any other 2nd Amendment case). The 14th has incorporated the 2nd against the states. Thus, this is a pure 2nd Amendment case -the 10th has nothing to do with it, just like in Caetano (which the federal courts would have noticed and ruled upon if that were the case).
9 posted on
06/24/2024 6:46:03 AM PDT by
Ancesthntr
("The right to buy weapons is the right to be free." - The Weapons Shops of Isher)
To: Carry_Okie
Does your state driver’s license end at your state’s border? Or are you able to continue driving in a different state?
18 posted on
06/24/2024 9:12:26 AM PDT by
rednesss
(fascism is the union,marriage,merger or fusion of corporate economic power with governmental power )
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