|
|
|
|
#1
09-05-2007, 08:10 PM
|
|||
|
|||
Re: The 2nd Amendment is alive and well
If this makes it to he SC, what are the expected votes / result?
Its not often I like Scalia, but this might be it. 
|
|
#2
09-05-2007, 09:17 PM
|
|||
|
|||
|
Re: The 2nd Amendment is alive and well
[ QUOTE ]
If this makes it to he SC, what are the expected votes / result? Its not often I like Scalia, but this might be it. [/ QUOTE ] I don't think anyone can form a good guess. The Supreme Court hasn't decided a 2nd amendment case since 1939. However, given the general ideological bent, the decision will be 6-3 or 5-4.
|
|
#3
09-05-2007, 09:20 PM
|
|||
|
|||
|
Re: The 2nd Amendment is alive and well
I wonder if this will impact California gun laws at all. If pistol laws are in violation of the 2A then 1/2 the laws in California are in violation.
|
|
#4
09-05-2007, 09:30 PM
|
|||
|
|||
|
Re: The 2nd Amendment is alive and well
I just thought of something. As far as I'm aware, the Supreme Court has never "incorporated" the 2nd Amendment though the 14th Amendment, which means that at this moment, the 2nd Amendment does not apply to states and municipalities. DC is a special case because its a federal territory. I suppose its simple enough for the SCOTUS to incorporate the 2nd Amendment, but it is an additional hurdle.
But if the gun rights advocates win in the Supreme Court and get the 2nd Amendment incorporated, then the decision would absolutely have a big impact on California gun laws.
|
|
#5
09-05-2007, 10:03 PM
|
|||
|
|||
|
Re: The 2nd Amendment is alive and well
[ QUOTE ]
I just thought of something. As far as I'm aware, the Supreme Court has never "incorporated" the 2nd Amendment though the 14th Amendment, which means that at this moment, the 2nd Amendment does not apply to states and municipalities. [/ QUOTE ] Correct --- which makes 2nd Amendment jurisprudence at the state level an interesting quandry for conservatives. On one hand, they generally think greater access to firearms is a good thing. On the other, they hate the incorporation doctrine and don't think the feds should be sticking their noses into the various state laws...
|
|
#6
09-06-2007, 12:31 PM
|
|||
|
|||
|
Re: The 2nd Amendment is alive and well
[ QUOTE ]
I just thought of something. As far as I'm aware, the Supreme Court has never "incorporated" the 2nd Amendment though the 14th Amendment, which means that at this moment, the 2nd Amendment does not apply to states and municipalities. [/ QUOTE ] This has never made sense. The 1st Amendment is deemed to apply to states despite the fact that it specifically singles out Congress. The 2nd Amendment singles out nobody, declaring only that the right shall not be infringed (period.) If anything, the 2nd should apply to all levels and the 1st should not, not the other way around.
|
|
#7
09-06-2007, 12:58 PM
|
|||
|
|||
|
Re: The 2nd Amendment is alive and well
Wiki on the Incorporation Doctrine
The Supreme Court has incrementally incorporated most of the Constitution over the last hundred years. However, the view that carried the day is that amendments should only be incorporated if abridging the right would "shock the conscience" of the court. Since the Supreme Court hasn't decided a 2nd Amendment case in 70 years, it shouldn't be surprising the 2nd is a lower priority civil right.
|
 |
|
|
Hybrid Mode
