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To: markomalley
A rare smart federal district court judge. Heller and McDonald will be implemented over many years and only with much effort, just like with Brown.
25 posted on 01/06/2014 6:24:29 PM PST by Repeal 16-17 (Let me know when the Shooting starts.)
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To: Repeal 16-17

I think it is important to remember that Heller and McDonald did not hold that the Second Amendment in toto applied to the states and municipalities. In fact, so far the Supreme Court has only upheld the rights of all citizens to own a handgun for home protection, nothing more. No rights to a hunting rifle or any other weapon have been found to apply.

This is because the Second Amendment and the rest of the Bill of Rights only protected against encroachment by the federal government. The states were free to make any law contrary to the Bill of Rights. Every decision of the Supreme Court since our country’s founding, has recognized that the Bill of Rights did not originally apply to states and municipalities. Every current member of the Court has also recognized this original intent of the founders. To extend the application of the Bill of Rights, including the Second Amendment, beyond the federal government, the Supreme Court has relied on the Fourteenth Amendment to evolve a judicial process called “selective incorporation.” This holds that certain rights are fundamental, because they are “implicit in the concept of ordered liberty” or because the rights were “deeply rooted in our nation’s history and traditions.” Heller was the first time that the Supreme Court held that the Second Amendment applied against the states and local governments, but again, it did so only to the extent that it recognized the right to own a handgun for home protection. There is indeed a long way to go.


31 posted on 01/06/2014 11:18:42 PM PST by paristexas
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