Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: hanamizu

Go back and re-read my post. Pay attention to the Bill of Rights Pre-amble and my inclusion of Art 6 para 2.

No “incorporation” is needed for an Amendment. The “judicial activism” comes in from assuming that the ratifying State and Congress both had no clue what they were passing when they voted for the Amendment.

When passed, as there are numerous quotes from various Founders to support, the Right belongs to the People... And no governing body organized under the US Constitution may infringe upon it.

People have spent decades tying the plain meaning of English in knots to try and find ways of justifying exactly what you posted.

They are all, uniformly, wrong. Dead wrong.


16 posted on 01/27/2021 12:04:26 PM PST by Dead Corpse (A Psalm in napalm...)
[ Post Reply | Private Reply | To 14 | View Replies ]


To: Dead Corpse
Many considered the Second Amendment to apply against state govenments until 1833.

The Supreme Court ruled, in Barron v. Baltimore, that the 5th amendment did not apply to state actions. This court case was one of the reasons for the 14th Amendment.

It was in the middle 1830's the slave states stopped considering if slavery was immoral, and considering a way to gradually eliminate it.

The first laws against concealed carry were in the slave states.

18 posted on 01/27/2021 12:17:14 PM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
[ Post Reply | Private Reply | To 16 | View Replies ]

To: Dead Corpse

I believe you misunderstood the point of my post. I didn’t say that incorporation was necessary, only that that is how courts have ruled. I’m not saying the courts were right. You could argue that the First Amendment would have to be incorporated since it says “Congress shall make no law...”, while the Second, which reads a more absolute “...shall not be infringed”, shouldn’t have to be.

Rightly or wrongly we live under rules often set by unelected judges/courts. And if Biden/Harris get to pack the courts, we’re not going to like what we get.


19 posted on 01/27/2021 12:20:08 PM PST by hanamizu
[ Post Reply | Private Reply | To 16 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson