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To: xzins; P-Marlowe

You folks need to do some research on current con-law cases. I suggest that you google (or use your favorite search engine) for “incorporation doctrine.”

Basically, it isn’t a slam-dunk. The SCOTUS has been cherry-picking which parts of the BOR they will incorporate into state jurisdictional rights for decades.

On the RKBA, Justice Thomas agrees with your point of view, but had to write a concurring opinion to express this in McDonald v. Chicago. The other justices who held that the Second Amendment was incorporated via the 14th held that the Second Amendment, the exercise of which might cost people their lives, was not the sort of liberty that the ratifiers of the 14th envisioned in the P&I clause.

The Warren Court was the peak of incorporation doctrine selectivity.

There will need to be several more McDonald-like cases before states and localities quit trying to claim that the Second Amendment is only a federally recognized right.


44 posted on 01/11/2012 7:38:17 AM PST by NVDave
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To: NVDave; xzins; beanshirts; chuckles; Cheeks; wmfights
You folks need to do some research on current con-law cases. I suggest that you google (or use your favorite search engine) for “incorporation doctrine.”

The purpose of the privileges and immunities clause was to undo the "Black Laws" that had been enacted in a lot of the States whereby the states were denying Blacks their founding liberties, such as the right to own property and the right to keep and bear arms. In many States black people were prohibited from carrying weapons and hence were helpless against protecting their life, liberty and property.

The 14th Amendment privileges and immunities clause was enacted to undo any and all such laws which infringed upon the founding liberties of the citizens in those states.

For Paul to say that the Congress does not have the power to enact legislation that would infringe upon the rights of American Citizens to keep and bear arms is to strip the 14th Amendment of its purpose, which was to protect the very liberties that Ron Paul pretends to support.

Frankly I don't give a damn what the Supreme Court has said about the "incorporation doctrine". The language and history of the 14th Amendment are crystal clear. The 14th Amendment was enacted to protect the founding liberties of all American Citizens and Congress is specifically charged in that Amendment with enacting legislation to make sure those liberties are not trampled by the States.

Indeed, given the right Congress and the right President, Congress could pass a law today which would dismantle all the state and local prohibitions against handguns and carrying concealed weapons. All they would need to do is to declare that the right to bear arms is a founding liberty under the 14th Amendment and that all state laws which infringe upon that right are invalid.

Ron Paul is 180 degrees wrong on his interpretation of the 14th Amendment and so are his stupid supporters on this forum.

47 posted on 01/11/2012 8:51:12 AM PST by P-Marlowe (Romney. The poster boy for Corporate Welfare and Crony Capitalism.)
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