Posted on 04/20/2009 10:08:38 AM PDT by freedomwarrior998
Alice Marie Beard: The Ninth Circuit has apparently held, in the Nordyke case, that the Second Amendment is incorporated against the states via the Fourteenth Amendment; opinion to come shortly. I will certainly blog more when I can read the opinion.
Please note the possibility of error in all such breaking news stories, posted before the opinion is read; I will certainly correct any such error as soon as possible if it turns out the initial account is indeed mistaken.
Hopeful bump.
“Nordyke v. King is a case challenging an effective ban on gun shows on county property by the county of Alameda. While the case was originally about gun shows on county property, it’s mainly interesting recently (Mar 2009) because it may be the first case to “incorporate” the Second Amendment against the states.”
If true, it will go straight to the Supreme Court, do not pass go...
Ninth? If true, that’s astounding.
The liberals are probably already squealing.
Here pig pig pig...Here pig pig pig!!
Ok...for the judicially challenged (me), what does this mean?
Can’t figure this out. Of course the 2nd amendment, and the 20th and 6th whatever, cover all the states. Am I missing something? Will continue reading the thread and articles.
I don't know what that means
Absent incorporation, the Amendment would not have applied to the States.
============
[12] We therefore conclude that the right to keep and bear arms is “deeply rooted in this Nation’s history and tradition.”
Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right.
It has long been regarded as the “true palladium of liberty.” Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later.
The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited.17 We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments
http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf pg 29
Actually, it’s hard to believe the Ninth wrote this. Maybe their warm milk was spiked.
Means that the states have to respect citizens’ RKBA, that the states have to obey the 2nd Amendment. (Perversely, the Supreme Court has required individual court cases to impose the Bill Of Rights on the states, per the 14th Amendment, one right at a time - and the 2nd hasn’t been so ruled on.)
:’)
“Incorporation” means that it falls under the 14th Amendment’s guarantee of citizens’ rights against the states, as well as against the federal government. IOW, Congress cannot infringe on the right of the people to keep and bear arms, and neither can states and localities.
Amazingly the appointees were Reagan, Clinton and Carter.
Yes: the Constitutional amendments, legally (thanks to perverse judicial history), do NOT apply to the states until the Supreme Court says they do - one right at a time.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.