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Old 11-21-2007, 07:00 PM
elwoodblues elwoodblues is offline
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Default Re: Supreme Court to Overturn DC Gun Ban once and for all

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Hmm, you're definitely right about the Grand Jury clause it seems. Weird that that stuff didn't apply to the states, but then I'm all for that anyway. [img]/images/graemlins/tongue.gif[/img] OTOH, I would say the selectivity of what is and is not applied just makes the incorporation doctrine look even more contrived and stupid.

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I tend to agree that it should be all or none. Basically the courts have said that fundamental liberty interests are incorporated. The first question they ask is whether the interest to be protected is fundamental. In the case of grand jury indictments, they explicitly ruled that it is not. So far, they have not ruled one way or the other on gun rights (to my knowledge.)
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