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Comment by torstenvl

7 years ago

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.

    • As I recall, Heller v. DC established the precedent that the RKBA is an individual right, while McDonald v. Chicago established that the Second Amendment was incorporated through the Fourteenth Amendemnt’s “Due Process” clause.

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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.