To: publiusF27
Just because the right exists does not mean it will be applied to the states and cities, though some of the gun grabbing ones seem worried about that possibility. 2A protection of the right may only apply to the federal government. Doesn't this case in your opinion provide the Court with an opportunity to invoke incorporation finally since DC is arguing that the 2nd Amendment, if it is in fact an individual right only applies to preventing federal government intrusion? This apparently is one of D.C.s assertions according to Bob Levy:
2) the Second Amendment only restrains the federal government, not states or local government entities like D.C.
To: Reaganwuzthebest
Doesn't this case in your opinion provide the Court with an opportunity to invoke incorporation finally since DC is arguing that the 2nd Amendment, if it is in fact an individual right only applies to preventing federal government intrusion?
I think they could, but do not have to. DC isn't just another city. The federal government already has plenary power in DC.
Incorporation, if it happens at all, will come later, in some case against a city or state gun law. After that will come the reasonable restrictions which pass the test that a complete ban in the home could not.
To: Reaganwuzthebest
Doesn't this case in your opinion provide the Court with an opportunity to invoke incorporation finally since DC is arguing that the 2nd Amendment, if it is in fact an individual right only applies to preventing federal government intrusion?Incorporation is another problem that must be addressed by the court if the 2nd Amendment is to truly protect the RKBA. If I understand the incorporation doctrine correctly, unless and until the 2nd Amendment is incorporated into the 14th it only protects the RKBA from federal infringement even if the 2nd is ruled to protect an individual right. The problem there is that the most egregious infringements on the RKBA are usually the work of local and state governments, and unless the 2nd is incorporated it will not affect that situation.
293 posted on
11/22/2007 5:25:30 AM PST by
epow
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson