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.
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.
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[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
:’)
NOTE: the 2nd Amendment is SELF-incorporated to all government entities at every level. It is MORE ABSOLUTE than the 1st Amendment, or any of the others, because it forbids not only CONGRESS, but ABNYONE from infringing on the 2nd Amendment. The 1st says “Congress shall make no law...”. The 2nd say “shall NOT be infringed!” Period!
Second Amendment incorporated against the states? Could somebody please translate the legalese?
http://www.volokh.com/posts/1240247034.shtml
Nordyke v. King. For those who count such things, the unanimous panel consists of a Reagan appointee (Judge O'Scannlain, who wrote), a Carter appointee (Judge Alarcon), and a Clinton appointee (Judge Gould).
The panel avoids the late 19th-century cases United States v. Cruikshank (1876) and Presser v. Illinois (1886) by reading them as simply foreclosing the direct application of the Second Amendment to the states, or the application of the Second Amendment to the states via the Privileges or Immunities Clause. The panel instead follows the Supreme Court's "selective incorporation" cases under the Due Process Clause, and concludes that the right to bear arms "ranks as fundamental, meaning 'necessary to an Anglo-American regime of ordered liberty.'" (I should note that many scholars view Due Process Clause incorporation as historically unfounded, but take the view that the Privileges or Immunities Clause was originally understood as incorporating nearly all of the Bill of Rights against the states; but that is not the view the Supreme Court has taken.)
Thanks to Alice Marie Beard for the tip. Will blog more as soon as I can carefully read the opinion.
This could be huge.
bump
Mayor Daley needs the Heimlich maneuver about now, I suspect.
I just scanned the text. It sounds like the court upheld the county. While the ocurt said some pretty good things, it also said that the county could ban guns on its property. Essentially to whomever it wishes.
This is a terrible decision. It took pains to acknowledge the Heller vs dc case, but it seemed to bend over and do a triple twist followed by a deep knee bend to support the county.
Did I read it right?
This looks to me like a thread you’ll want to watch.
If true, we can now define what is or isn’t an infringement. Oh what a great day is both true and final.