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To: ctdonath2
A favorable verdict would open the door to incorporation by recognizing that there is, in fact, an individual right which can and should be incorporated just like the rest.

I don't believe that the collective right argument has been the sticking point from incorporating the 2nd though.

108 posted on 07/16/2007 10:42:18 AM PDT by JeffAtlanta
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To: JeffAtlanta

If the 2nd is collective, then only the states could file for incorporation - which they don’t care about, so they haven’t.
Only by declaring the 2nd individual can individuals then file to have it incorporated.
No “individual” ruling, no incorporation. SCOTUS ruling favorably on Parker would change that.


114 posted on 07/16/2007 10:46:44 AM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
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To: JeffAtlanta
"I don't believe that the collective right argument has been the sticking point from incorporating the 2nd though."

Could be. After all, the collective right argument is that the federal government cannot infringe on the state forming a militia.

Pretty hard to incorporate that -- a state shall not infringe itself to form a militia?

144 posted on 07/16/2007 1:34:28 PM PDT by robertpaulsen
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To: JeffAtlanta
I don't believe that the collective right argument has been the sticking point from incorporating the 2nd though.

The collective right argument makes no sense against the states. Would they prohibit themselves from arming their own militia?

Many states have constitutional language similar or identical to the second amendment's language. They can't possibly be protecting their own right to arm their militia against their own infringement.

OTOH, if the second amendment is shown to protect an individual right, then those state constitutional provisions must also protect an individual right.

202 posted on 07/16/2007 9:38:45 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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