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To: 668 - Neighbor of the Beast

I’m worried because DC isn’t a state. Doesn’t it say “no STATE” shall restrict..?


146 posted on 06/26/2008 6:52:55 AM PDT by RockinRight (I just paid $63 for gas. An icefield in Alaska is NOT the Grand Canyon. F--- the caribou.)
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To: RockinRight
Doesn’t it say “no STATE” shall restrict..?

No.

157 posted on 06/26/2008 6:56:45 AM PDT by Jim Noble (Cut the birth certificate crap! It's the communism, stupid!)
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To: RockinRight

Looks like Heller is going to be last up today if Scalia, in fact, wrote it.


163 posted on 06/26/2008 6:58:07 AM PDT by Publius Valerius
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To: RockinRight

No—the problem is the opposite. The 2d Amendment, like all the Bill of Rights, is directed at restraining the federal government. The 14th Amendment, passed after the Civil War, said no state shall deprive citizens of life, liberty or property without due process of law, or infringe upon their privileges and immunities (IIRC). Over the past 100 years, many of the first ten amendments have been “incorporated” by the Supreme Court into the 14th, which means that the restrictions on the federal governments are also restrictions on the state governments. That is, the rights have been construed to be part of the rights protected by the 14th.

The Supreme Court hasn’t ever decided whether the RKBA applies to the states, and they won’t decide that today (because Heller is a DC case). They may hint at it, particularly in individual justices’ concurring or dissenting opinions.


180 posted on 06/26/2008 7:01:02 AM PDT by mondonico (Peace through Superior Firepower)
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