Posted on 07/14/2009 7:06:47 AM PDT by pabianice
Mentioned "hunting" and "target practice" as legitimate uses for a gun, as long as the state decides you can have one. Not one word on self-defense.
Backwards. It has the MOST weight regarding original intent.
Since the passage of the Fourteenth Amendment, it has been common practice for the federal courts to impose against the states the same restrictions that are imposed against the federal government by the Bill of Rights Amendments.
Not the Second Amendment. Not even once.
Go Christy go. Defeat your crook, Corzine.
Oleg Volk.
And none has said it doesn't apply, since the 14th Amendment passed. The law of the land that the Supreme Court has been applying for a half century is one of total incorporation of the Bill of Rights. With the Heller decision finding it was an individual right, there is no reasonable constitutional argument that the states can infringe Second Amendment rights. To find that they can would mean that every Bill of Rights provision would be incorporated to the states except the 2nd Amendment (and, possibly, the 3rd). That would be absurd.
By then it will be too late.
It has no weight regarding original intent if a subsequent amendment overruled the decision, which the 14th Amendment did. Ignoring constitutional amendments is not originalism. It is activism.
That should eliminate her completely.
Welcome your new activist justice, my FRiend.
False.
"The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by congress." --U.S. Supreme Court, PRESSER v. STATE OF ILLINOIS, 116 U.S. 252 (1886)Please don't invent your "facts."
That’s correct because 76 million gunowners sitting on the sidelines will accept it.
That's not true. See 7th amendment, for one. See also "grand jury" portion of the 5th, and "excessive fines" "excessive bail" parts of the 8th.
And then, the 2nd, likewise not incorporated. My point of view is that the RKBA has vitality in all states, regardless of incorporation, and regardless of even the presence of the 2nd amendment.
No subsequent "amendment overruled the decision."
You don't understand. As far as she is concerned, she is the Constitution.
I see that decision came 3 years after the first one you cited - and 2 years before the 14 Amendment was ratified.
Got something more current?
CA....
The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by congress.
That phrase, taken in isolation, misleads as to how the Presser Court viewed the RKBA.
Same Court (same decision), three paragraphs or so later ...
It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states, and, in view of this prerogative of the general government, as well as of its general powers, the states cannot, even laying the [second amendment] out of view, prohibit the people from keeping and bearing arms ...
And so, even if there is no 2nd amendment, the people still have a RKBA. In other words, the RKBA doesn't come from the 2nd amendment, or depend on the 2nd amendment.
76 million gun owners, on Bastille Day no less. What a warm feeling.
Beck yesterday asked, "Does anyone remember when Graham wasn't a worm?"
Wasn’t it written for We the People?
It guaranteed citizens of the United States the right to bear arms. The states be damned... I don’t believe the original states saw it that way, or cared. Gun rights were a given in those days. No gun, no food for many people...
If this woman doesn’t understand the Bill of Rights and our Amendments, no wonder her rulings get overturned at the rate they do.
Get yourself some glasses. 1886 is 53 years after 1833.
and 2 years before the 14 Amendment was ratified.
The 14th Amendment was adopted on July 9, 1868, 18 years BEFORE 1886.
Maybe you should consider taking a remedial math class too.
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