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To: tacticalogic

The problem is that under Supreme Court decisions, there is no national right to bear arms. In Barron v. Mayor and City Council of Baltimore the court found the Bill of Rights did not apply to the states.

Although the 14th Amendment states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”, and the authors of the amendment said it extended the Bill of Rights to the States, the Supreme Court in the Slaughter House cases found that the Bill of Rights was not extended to the states.

So, we are protected from action by the federal government with the 2nd Amendment, and left with no protections for our rights to bear arms other than those found in our state constitutions.

In a perfect world, the Supreme Court will take these cases, find a personal right, and incorporate the Bill of Rights against the states so we would have national protection of the right to bear arms.

Maybe, though, our bigger problem is that we look to the Supreme Court to determine the limitations of our rights, when really they have no other authority then what they have given themselves.


974 posted on 11/15/2007 5:37:32 PM PST by bone52
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To: bone52
"In a perfect world, the Supreme Court will take these cases, find a personal right, and incorporate the Bill of Rights against the states so we would have national protection of the right to bear arms."

Maybe.

Keep in mind that once the second amendment is incorporated it applies to all the states. More importantly, how the U.S. Supreme Court interprets the second amendment also applies to all the states.

If five liberal justices on some future court say that "keep" means keep in a state armory, "bear" does not include concealed carry, or "arms" do not include handguns, then every state must abide by that.

Can't happen? We've recently seen the court rule that nude dancing and flag burning are protected speech, but political ads days before an election are not. Abortion is a right to privacy as is homosexual sodomy. The Kelo decision. Freedom from religion. On and on.

Do you want them also interpreting the second amendment?

977 posted on 11/15/2007 6:12:34 PM PST by robertpaulsen
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To: bone52
The problem is that under Supreme Court decisions, there is no national right to bear arms. In Barron v. Mayor and City Council of Baltimore the court found the Bill of Rights did not apply to the states.

That's one aspect of it. My take on it is that the problem is that we have people who promote the idea that our Constitutional rights, and the plain meaning of the Constitution is whatever the last thing the USSC said it was.

986 posted on 11/16/2007 5:21:36 AM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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