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.
“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.”
That doesn’t make much sense. I mean, I understand that it has to be decided before it’s decided, but isn’t it a fait accompli? I mean, if some amendments have been incorporated, because of substantive due process or what-have-you, how can others not be?
I still maintain that the second amendment, unlike the first, doesn’t say anything about Congress, and since the Constitution has several passages where it denies powers to the states, it can be so interpreted that the right to bear arms restricts the states as much as the feds, incorporation be damned.
“how can others not be?”
Inevitably, I mean.