Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: jlogajan
It was originally held that the US "Constitution only limited federal authority, not state authority.
After the 14th amendment, the Supreme Court grudgingly started applying US Constitutional limits on state governments as well. Even to this day there is nonuniform application of US Constitutional restrictions on state governments versus the federal government." -jlogajan-


Barron v Baltimore in 1833 was the erronious decision that claimed states were not limited by the BOR's.
- The 14th was ratified, in part, to correct this decision and to clarify that rights to life, liberty and property could not be infringed upon by state or local governments.
-- Correcting gun rights violations by southern states on freed slaves were an important part of the ratification debates of 1868, and played a major role in getting the amendment passed. Thus, the 2nd does not need to be 'incorporated'. - It has always applied to state/local government.

53 posted on 12/06/2002 4:28:39 PM PST by tpaine
[ Post Reply | Private Reply | To 47 | View Replies ]


To: tpaine
"Thus, the 2nd does not need to be 'incorporated'. - It has always applied to state/local government."

What about U.S. v. Cruikshank and U.S. v. Presser ? Didn't SCOTUS in both these cases rule that the Second Amendment limits the federal government only ?

118 posted on 12/06/2002 8:45:34 PM PST by gatex
[ Post Reply | Private Reply | To 53 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson