01-03-2013, 12:48pm
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#83
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2016 Election Expert
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Quote:
Originally Posted by ApexOversteer
In Heller v. District Of Columbia 2008 the U.S. Supreme Court ruled that argument moot.
Source (PDF)
That covers the 2nd Amendment within Federal Enclaves, but did not extend to the states. In a second case, McDonald v. City Of Chicago Illinois 2010, the U.S. Supreme Court decided that the 2nd Amendment, incorporated with the Fourteenth Amendment, extended to the states by virtue of two clauses within the Fourteenth Amendment, the Due Process Clause and the Privileges and Immunities Clause.
Source (PDF)
This means that "A well regulated Militia, being necessary to the security of a free State" is moot, on both the federal and state levels. |
Yes but we are just one justice away from Heller being overruled and the left's fevered imagination of a complete gun ban coming true. I'm not one of those who thinks it is the SC job to "interpret" the constitution. It was written so that a person with a decent HS education can clearly understand what it says.
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