The fourteenth amendment is not part of the Bill of Rights of which I was speaking.
It was explicit in its coverage and applicability to the states for it was the slave states which had laws denying equal rights. Well, they all did to some extent as regard a slave I suppose one must say. At any rate it was intended that the 14th curb the states wrt to ex-slaves.
The argument that the 14th overruled Barron and made all the BoR apply to the state is not contradicted by what I said about the original intention of the B of R. But I don’t believe that incorporation has been extended to the 2d by the Supreme Court.
In any case the language of the Second makes it easy to argue about the intention since it could have been worded much less obscurely had there been no need to base it on militia power.
Ironically, Illinois has explicitly defined the “militia” as the whole able bodied adult population. This has not stopped Chicago from banning handguns, unfortunately.
Either we are all citizens of the United States or we are not.
The judges are fooling themselves if they think they can pick and choose which inalienable GOD given Rights apply and which do not.
And if that is the decision lies solely in the hands of the state then why have the U.S. Supreme Court decide.
Why not the state.