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To: rktman
I know I'm going to get in trouble for saying this, but the Second Amendment, like all the others in the BOR, restrict only the federal government, not the states. Conservatives point this out on every other issue but suddenly become liberals when it comes to Amendment 2. By this logic, prayers at local high school football games violate the First Amendment, which is just what the ACLU has always claimed.
7 posted on 06/28/2017 9:32:26 AM PDT by Zionist Conspirator (Viriycho sogeret umesuggeret mipnei Benei Yisra'el; 'ein yotze' ve'ein ba'.)
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To: Zionist Conspirator
The Court has held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States,” MacDonald v. Chicago, 561 U. S. 742, 750 (2010).

MacDonald incorporated the 2nd under the 14th Amendment and thus applied it to the states.

9 posted on 06/28/2017 9:50:36 AM PDT by 45Auto (Big holes are (almost) always better.)
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To: Zionist Conspirator
Incorporation Doctrine is a constitutional doctrine through which selected provisions of the Bill of Rights are made applicable to the states through the Due Process clause of the Fourteenth Amendment.

This means that state governments are held to the same standards as the Federal Government regarding certain constitutional rights. The Supreme Court could have used the Privileges and Immunities Clause of the Fourteenth Amendment to apply the Bill of Rights to the states.

However, in the Slaughter-House Cases 83 US 36, the Supreme Court held that the Privileges and Immunities clause of the Fourteenth Amendment placed no restriction on the police powers of the state and it was intended to apply only to privileges and immunities of citizens of the United States and not the privileges and immunities of citizens of the individual states.

This decision effectively put state laws beyond the review of the Supreme Court.

To circumvent this, the Supreme Court began a process called “selective incorporation” by gradually applying selected provisions of the Bill of Rights to the states through the Fourteenth Amendment Due Process clause.(See above reference for Amendments incorporated)

13 posted on 06/28/2017 10:01:08 AM PDT by 45Auto (Big holes are (almost) always better.)
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