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Also—disturbingly—though OSG affirms that the Second Amendment secures an individual right, it does not call it a “fundamental right”—which is very important for legal reasons—and asks the Court to deny it the level of protection of a fundamental right.

Yep, fundamental rights generally get "incorporated" against state government infringement via the "due process" clause of the 14th amendment. Which is utter rubbish, the 14th's Privileges and Immunities Clause already did that for all of the rights protected against federal infringement by the Constitution, including the first 8 (or 9) amendments.

19 posted on 01/15/2008 5:26:23 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)

How a clearly defined individual right isn’t a fundamental right I haven’t a clue, though I admit I haven’t a clue why the Bush Justice Dept. came down with this brief. Is he planning on running for Governor somewhere?

21 posted on 01/15/2008 5:30:00 PM PST by SJackson (If 45 million children had lived, they'd be defending America, filling jobs, paying SS-Z. Miller)