[Double Tap]

It applies to the States. Counties. Cities. Municipalities. Even "home rule" cities. If you are part of this Union, then you are subject to the Art 6 para 2 clause. No other "incorperation" or selective enforcement is necessary.

Deserves repeating. It really is just that simple.

[Dead Corpse]

I am no longer surprised when people parrot the "incorperation myth". Racist Jim Crow roots that it has, you'd think it would have fallen out of favor long ago.

Still, it is the current, prevailing legal fiction until we can get a court with balls to straighten things back out again. The SCOTUS has only one source for its stare decisis, the Constitution and those that wrote it.

We can cure this ignorance by trying to correct it whenever it pops up. Some will insist they are in the right, even though we can point to the Papers and debates from the State conventions pointing out the contrary. Such people either aren't smart enough to figure it out or they may actually have a anti-gun agenda.

And yes... it is just that cut and dried.

[phelanw]

Yes, it is that simple. The constitution should be applied as written. The first word of the 1st Amendment is "Congress" as in Congress shall pass no laws. Not Congress and the state governments shall pass no laws.

The first Congress sent out 12 amendments to the states to ratify. One would have applied the BOR to the states. It was not ratified. One was for elections before pay raises. Only 10 were ratified, but then the 11th became the 27th amendment later on. So the first Congress also wrote the 27th Amendment.

In Barron v. Baltimore John Marshall told us what was obvious to all constitutional scholars: the BOR does not apply to the states. In my opinion nothing has happened in the time since to change that. However the Court does not care about my opinion, and it reads the DPC of the 14th to allow (require?) selective incorporation.