To: robertpaulsen
California's state constitution says nothing about the right to keep and bear arms. California has no "second amendment" in the state constitution.
Normally, the 14th amendment would cover a citizens rights at the state level, but the USSC never incorporated the 2nd amendment under the 14th.
Bottom line: California could ban guns if it wanted to.
-rp-
"Incorporation" is a legal fiction used by the USSC and the political power structure to play their silly games.
The constitution uses clear language to declare itself as the supreme 'law of the land' and, in the 2nd, - to protect the peoples RKBA's.
The 9th and 14th clearly support these facts of constitutional law. The arguments used at the ratification of the 14th clearly show that the one of the purposes of the 14th was to make the individual U.S. citizens RKBA's absolutely un-infringeable by state/local governments.
Statists of all stripes cannot abide by this fact.
Your 'incorporation' theory is a red herring. Dupes use it to imply that 'interpreting' our constitution is best left to the 'experts'.
23 posted on
01/26/2003 12:51:08 PM PST by
tpaine
To: tpaine
"Incorporation" is a legal fiction used by the USSC and the political power structure to play their silly games.It may be a legal fiction that's part of a silly game, but the fact remains that we're down here on the game board, and until we get a definitive ruling from the SCOTUS - and heaven knows how long that will take - or put this Amendment in the state Constitution, we're stuck swimming with the red herrings.
33 posted on
01/26/2003 3:50:45 PM PST by
mvpel
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson