That stench wafts with reason.
Unlike most FReepers, I am not exactly thrilled with a incorporating the 2A under the 14th, in part because trusting any "higher authority" is fraught with many perils. For the SCOTUS to rule on the 2A means that enforcement falls under the same power as could accede to an illegitimate treaty. As things are now, the BATF is for the most part unconstitutional while the rest is up to the States. Without that nexus, if the Senate "ratifies" a bogus treaty, the States should just thumb their noses and arm their militias. Should the court "change" and revisit the case, we will regret ever having brought it for we will have legitimized the process and jurisdiction by advocating for the prior ruling.
I have to agree with you. The 2nd Amendment is for the Federal government to obey, the linking via the 14th is scary at best because if the 2nd in the Bill of Rights must be enforced by all states as it is on the federal it sets up for the potential (a ver real potential) of federal abuse by other legislative means. It is realsitic to suggest that our states governments could become nothing were we to take this to ultimate conclusion. After all, all that has to happen is enough senseless idiots full of themselves and drunk on power like the current Democrat party and give them another short at supermajority then start making Amendments to the constitution that squeek past in enough legislatures to then set up the state as the arbiter of all rights...and not God, from whom all our rights come as per our declaration.
Your thoughts?