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To: Ken H
"All States must conform to such a (USSC) ruling if Second Amendment is unincorporated as well. Are you saying otherwise?"

If the USSC is ruling on an unincorporated amendment, their ruling only affects the state that brought the issue to the USSC.

The USSC doesn't just rule on an issue. The issue has to be brought to the USSC. If brought by a state, the ruling only affects that state's law, assuming unincorporation.

228 posted on 05/05/2005 8:11:12 PM PDT by robertpaulsen
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To: robertpaulsen
If the USSC is ruling on an unincorporated amendment, their ruling only affects the state that brought the issue to the USSC.

We've been talking about a ruling on a 5th Amendment violation, not the 2nd Amendment. We've been assuming that the 2nd was already ruled by USSC as not protecting CC.

If brought by a state, the ruling only affects that state's law, assuming unincorporation.

Again, you are answering as if this were a 2nd Amendment case. It's a 5th Amendment case, and we've been assuming it (the 5th) is incorporated.

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You said: IF incorporated , and the USSC decides that the 5th amendment right that is violated supersedes the Second Amendment right to CC, then ALL states must conform.

Let me ask a simple yes or no question. Is the following true as well?

If the Second Amendment is unincorporated, and the USSC decides that the 5th amendment right that is violated supersedes the Second Amendment right to CC, then ALL states must conform.

Yes or no?

229 posted on 05/05/2005 11:01:39 PM PDT by Ken H
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