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Old 11-20-2007, 05:28 PM
ElliotR ElliotR is offline
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Join Date: Sep 2005
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Default Re: Supreme Court to Overturn DC Gun Ban once and for all

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It's very clear why the First Amendment had to be incorporated, but I see nothing in the wording of the Second Amendment that would indicate it would need similar treatment. It says the right shall not be infringed. If it wasn't about guns, no one would argue it doesn't apply to everyone. Like, what's the point of the Bill of Rights, if they only apply to people without a lower form of government. I don't think a law that violated the Fifth Amendment would have flown with the Feds, even before the Civil War.

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The wording of the amendments have nothing to do with it. And you are wrong about the fifth amendment, which has expressly not been incorporated. Many states do not use grand juries for "infamous" crimes, while the federal government must.
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