Wednesday, February 11, 2009

Another Front Opens in Our War

The Second Circuit rules (again) that the Second Amendment does not apply to the states...from Reason:
The Second Amendment guarantee of the right to bear arms does not apply to override state firearms bans, the U.S. Court of Appeals for the Second Circuit declared Jan. 28. Under the incorporation doctrine, only certain provisions of the Bill of Rights apply to the states, and the Second Amendment is one of those that does not, the Second Circuit held..

10 comments:

Anonymous said...

We certainly expected this. I hope that a good test case is found soon and another supporter of the constitution will help ensure that the best test case gets to move forward before the makeup of the Supreme Court changes.

Overload in Colorado said...

Does this mean that states can re-legalize slavery laws?

nj_larry said...

There are several incorporation cases perculating thru the courts. My guess is that the district courts will all reject incorporation. So once again pray for the good health of at least 5 of the SCOTUS justices. They will make the final call.

SARDUDE said...

So, by this reasoning, I should no longer be required to pay Federal income tax!!!
And my medical marijuana prescription is a go!!!

Clark Kent said...

Lordy, Sardy! What state do you live in?

hairy hobbit said...

read section 1 of the 14th. you are a citizen of both FEDERAL and STATE. To claim that both sets of laws don't apply is the most asinine argument EVER. It's in black and white right there. PERIOD.

WV= triuture. The realization that there will be a third party in the future claiming many republicans, and some classic democrats, that are fed up with their nannystate-lite, spending, and slightly slower expansion of the federal gov positions.

Anonymous said...

Yeah, I read all about this in the major newspapers and heard this all discussed on the radio and on TV. No, wait, I did not. How come? Oh, I get it! Let this stuff flow through "under the radar" and when the time is right, spring it on all of the gullible ones that thought that ol' "I'm not going to take your guns" wasn't lieing. And he's the only one that will "fix" the economy too!
In reality, he will "fix" all of us and any one that disagrees with "Him".
Life Member

Anonymous said...

State's rights should always trump Unconstitutional laws. If the Bill of Rights can be set aside for state law that is directly opposed to the concepts of liberty enshrined by the Constitution, then Jefferson's statement on "The Tree of Liberty" needs to be transfered into action.

BigBlk said...

nj_larry - actually, we want to hope that some district courts uphold 2A incorporation and some don't. If all the district courts claim the 2A isn't incorporated, the SCotUS may just uphold the ruling on appeal without even hearing arguments because there's no inconsistency. It's when there's inconsistencies in judicial rulings across the country on the issue that the SCotUS is most likely to act, as in that case they need to provide guidance so that rulings are consistent.

nj_larry said...

BigBlk

Thanks for the legal clarification (now you know that I'm not a lawyer). I hope then that we can get at least one district to side with us.