Posted on 06/28/2010 7:11:12 AM PDT by NY.SS-Bar9
The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense Monday June 28, 2010 10:05 Erin
PING!
Here’s the PDF of the opinion: http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
I can just hear the HISS
of the hissy fits the left is going to throw over this one.
And, once a few criminals get ventilated and crime goes down in Chicago,
they’ll hiss even more.
Daley’s already said he’s going to make so many restrictions and obstacles to owning a handgun that there won’t be any difference.
Roberts/Alito/Scalia/Kennedy incorporated the 2nd Amendment against the States via the 14th Amendments Due Process Clause. Justice Thomas, libertarian constitutionalist that he is, used the 14th’s Privileges & Immunities Clause.
And that adds up to 5.
Wait til Chicago gets hit with BILLIONS of $$$$ worth of contempt actions.
The fat lady ain’t singin’ but I can hear her tuning up!
What would we think if four voted no to freedom of speech, freedom of religion or freedom of the press?
Wow, the 2 opinions upholding the Second Amendment, and the 2 lib dissents make a total of 214 pages.
Using my vast knowledge of Constitutional law from watching a few episodes of Law & Order, I would have ruled that the 2nd Amendment is “self-incorporating” because it states “... shall not be infringed” so it applies to all branches and levels of government as opposed to the first amendment’s “Congress shall make no law...”. The 14th amendment arguments shouldn’t be needed.
That won’t fly. Incorporation means strict scrutiny, if I’m not mistaken.
Daley's a dictator. He doesn't recognize any law other than his own. The only way he'll leave office is by being overthrown or via death.
Damn near every momentous decision at the SCOTUS is 5-4. Please, please, please God, keep the five justices safe.
Given the state of the economy and the potential for uprising, I’m glad I own a number of guns and have a lot of ammo....AND my right to continue to own them has been upheld at every step over the years by the Supreme Court.
Those should be slapped down as they surface, and not at the USSC level.
An incorporated 2nd amendment sets a huge precedent.
That is my understanding as well.
No, we need to use 18 USC 242, deprivation of rights under color of law. Because Daley /spit will be using armed police to enforce his unconstitutional gun ban, he could be sent away for 10 years.
That might get this idiot’s attention. Ditto for the mayor of DC.
I pray every single day for our 5 justices.
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.