WTF?!
My bleeding arse it doesn’t apply for the states. The second amendment was written specifically FOR the states.
Yes, if it doesn’t apply to the states then why does the First say “Congress shall make no law...” and the Second say “...shall not be infringed.”? And further, if she’s such a stickler on incorporation, why does she support the it for the First with LESS justification?
The idea that the Bill of Rights was *NOT* designed to bind the states has a long tradition, and might even be considered part of the 'originalist' interpretation of the Constiution. For instance the first ammendment states "Congress shall make no law ..." The implication was that while the founders did not want to the Congress to have the power to assert that a particular church was the church of the US, the states were still free to do so. In other words the issue is that the Bill of Rights were insisted on by the States to limit the powers of FedGov, not to limit their own (or other states) rights. Since the adoption of the 14th ammendment the courts have ruled that many of the original ammendments are "incorporated" , ie the 14th forces the states to follow the earlier ammendments themselves. This, itself, was considered judicial activism as wild as Roe V. Wade when it was first put forward, 100 years ago. Today there isn't much disagreement about it except for nit-picking Constitutionalists and paleo-conservatives. Thomas Woods Jr. covers the issue in some depth in his great book "Who Killed the Constitution".
Welcome to FreeRepublic. Your profile page is most interesting. Such clarity from one so young. It’s very rare.
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.
It was written to control the federal government not the states.