Comment by SlowRobotAhead
7 years ago
>For example, the Second Amendment wasn't incorporated against the states until 2010 in McDonald v. City of Chicago.
No. The second amendment was always incorporated "against" (for) the states.
McDonald only clarified what was always the reality. That a state can not preempt federal laws with keeping and barring arms for self defense. Notice that last part, the SPECIFIC INTENTION of the case is for self defense.
Your own link makes note that selective incorporation doesn't apply to the bill of rights. Well, it does but not objectively. It's pretty ridiculous to make the assertion 2010's McDonald and not 2008's Hellar the "the 2A law". But that was your goal to find something that fit an antigun narrative.
"Your own link makes note that selective incorporation doesn't apply to the bill of rights."
No, it doesn't. In fact, it clearly states the opposite noting that the 3rd, 7th, 9th and 10th amendments in the Bill of Rights have not been incorporated.
On that page you can even find a table noting when each amendment in the Bill of Rights was incorporated. It quite clearly tells you that the 2nd amendment was incorporated in 2010 in McDonald v. City of Chicago.
Nothing you said in this comment is correct.
Oh I agree, the table on your site says that. It's extremely wrong. Would have been much less obvious if they had selected the more important SCOTUS case just 2 years earlier.
By pushing the agenda you implied with "2A against the states" you showed your cards to not care about the facts.
The table is correct. 100% correct. It's maintained by a law school, and is verified by a professor of Constitutional Law at least annually.
As a lawyer, I trust the Cornell Legal Information Institute. I have used it in my practice.
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I don't have an agenda here, nor did I learn about these facts from the link above. You are simply spreading misinformation.
You are incorrect, Sir. Grandparent is correct. May I recommend that you re-read the link? It says exactly the opposite of what you claim.
Someone at Cornell wrote that 2A was incorporated then, but that's ridiculous as if ANYTHING it would have been incorporated federally during 2008's Heller vs DC. If someone attaches the name of a university to something do you automatically take it as fact?
Respectfully, I think you should take a breath and re-read the comments to which you’re responding. I’m as big a supporter of the RKBA as you’ll find, and I didn’t read anything “anti-gun” into them.
This discussion is around the incorporation doctrine, not the Second Amendment.
How would Heller vs. DC have incorporated anything? DC is a federal district; there were no states involved in that case.
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> if ANYTHING it would have been incorporated federally
> incorporated federally
From Wikipedia:
> Incorporation […] is the doctrine by which portions of the Bill of Rights have been made applicable to the states.
You seem to be operating outside of your area of expertise. There is no such thing as "federal incorporation" because the Constitution already applies to the federal government.
I recommend reading (at least the very end of) the majority opinion in McDonald before making any further arguments about which case established what.