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

To: where's_the_Outrage?

One of the elephants in the room is why SCOTUS failed to clearly incorporate the 2nd Amendment against the states after the Civil War. I think it’s partly race, but also fear of immigrant mobs of Irish, Germans, Greeks, Italians and other “undesirables.”


13 posted on 06/24/2022 4:36:51 PM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
[ Post Reply | Private Reply | To 1 | View Replies ]


To: pierrem15; All
One of the elephants in the room is why SCOTUS failed to clearly incorporate the 2nd Amendment against the states after the Civil War. I think it’s partly race, but also fear of immigrant mobs of Irish, Germans, Greeks, Italians and other “undesirables.”

One of the biggest was they feared another Civil War. The governments of the Southern states had resorted to, essentially, low level warfare against the occupation of the South by the radical Republicans and the Union Army.

After the hotly contested election of 1876, where the presidency ended up in the House of Representatives, a compromise was reached. The South would accept the Republican President, on condition the Union Troops be removed from the Southern states.

Enforcing the Fourteenth Amendment could very well have pushed the Republic back into open warfare.

So, the Supreme Court refused to enforce the Fourteenth Amendment, and that lasted for a generation.

17 posted on 06/24/2022 4:47:16 PM PDT by marktwain
[ Post Reply | Private Reply | To 13 | View Replies ]

To: pierrem15

Was the question of the Second Amendment creating a personal right itself even resolved at that time? And if so, was the incorporation of that right ever before SCOTUS prior to Heller?


20 posted on 06/24/2022 4:57:27 PM PDT by Bruce Campbells Chin
[ Post Reply | Private Reply | To 13 | 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