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Briefs for SCOTUS re incorporation of the 2nd Amdt in the 14th Amdt, Nordyke v. King, at

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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:35 PM
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Briefs for SCOTUS re incorporation of the 2nd Amdt in the 14th Amdt, Nordyke v. King, at
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David Dunham Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:40 PM
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1. I'd be against incorporation.
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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:47 PM
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4. Only the opinion of SCOTUS matters. n/t
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:41 PM
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2. For information:
"The Second Amendment (Amendment II) to the United States Constitution is the part of the United States Bill of Rights that protects the pre-existing individual right to possess and carry weapons (i.e., "keep and bear arms") in case of confrontation.<1> Codification of the right to keep and bear arms into the Bill of Rights was influenced by a fear that the federal government would disarm the people in order to impose rule through a standing army or select militia,<2> since history had shown taking away the people's arms and making it an offense for people to keep them was the way tyrants eliminated resistance to suppression of political opponents.<3> In District of Columbia v. Heller (June 26, 2008), the Supreme Court ruled that self-defense is a central component of the right.<4>

Before the Heller decision, there was much disagreement as to whether it protected a collective right or an individual right, because the amendment begins with a prefatory clause that refers to a "well regulated militia."<5><6> Previously, the Supreme Court had not directly addressed the amendment, or had only done so in limited or ambiguous terms.<7>

A minority have argued that because the District of Columbia, which is not a state, was the only government involved in Heller, uncertainty remains concerning whether the Second Amendment applies to state and local jurisdictions by way of incorporation through the Fourteenth Amendment. However, the Court's unambiguous declaration that the right to bear arms is an individual privilege, taken with the Fourteenth Amendment's clear stricture that, "o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States," appears to conclusively support incorporation.<8><9>"

http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution

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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:46 PM
Response to Reply #2
3. What is your point? SCOTUS has not said the 2nd is incorporated in the 14th. That is the question
before the court in the case I cited in the OP.
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patriotvoice Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 10:16 PM
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5. Stellar! Vetted for carry in one state is sufficient.
Even better, the "transporting across state lines trap" vanishes. Oh, however will BATF stay in business once the "F" laws are rendered sane?
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