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“Today’s ruling reinforces the Second Amendment’s application to state and local governments, and will help clear the way for more California citizens to exercise their right to bear arms,” said SAF founder and Executive Vice President Alan M. Gottlieb. “California officials have been put on notice that they can no longer treat the Second Amendment as a heavily-regulated government privilege.”
The Founders intended the Bill of Rights to only apply as a limitation on the Federal Government. It was not suppose to apply to the States - and it never did apply to the States until Federal Courts misused the 14th Amendment to extend Federal control and usurp State power and sovereignty under the made up doctrine of "incorporation."
The Founders intended the Bill of Rights to only apply as a limitation on the Federal Government. It was not suppose to apply to the States - and it never did apply to the States until Federal Courts misused the 14th Amendment to extend Federal control and usurp State power and sovereignty under the made up doctrine of "incorporation."
The Founders intended the Bill of Rights to only apply as a limitation on the Federal Government. It was not suppose to apply to the States - and it never did apply to the States until Federal Courts misused the 14th Amendment to extend Federal control and usurp State power and sovereignty under the made up doctrine of "incorporation."
There is truth to that. By that arguement there is no reason a federal court should be able to override a state's definition of what marriage is. Yet, the right to keep and bear arms is affirmed in the constitution. Homosexual marriage...not so much.
Oh yeah, I'm a total fan of the Incorporation Doctrine. I just find it amusing that conservatives yell and scream about the Incorporation Doctrine (and modern interpretations of the 14th Amendment in general) all the time - about how it increased Federal Control and takes away States rights - EXCEPT when it comes to guns. Then it's the most wonderful thing in the world.
Without the diminishment of State Rights and the expansion of Federal Control under the 14th Amendment, the 2nd Amendment would not and could not apply to the States, and laws like the California one here could not be struck down by Federal Courts.
I wonder how many people realize that it was only in 2010 - yes, you heard me right, 2010 - that the 2nd Amendment was deemed to apply to the States as well as the Federal government.
The Founders intended the Bill of Rights to only apply as a limitation on the Federal Government. It was not suppose to apply to the States - and it never did apply to the States until Federal Courts misused the 14th Amendment to extend Federal control and usurp State power and sovereignty under the made up doctrine of "incorporation."
There is truth to that. By that arguement there is no reason a federal court should be able to override a state's definition of what marriage is. Yet, the right to keep and bear arms is affirmed in the constitution. Homosexual marriage...not so much.
Actually no. The argument that State gay marriage bans are unconstitutional comes from the Equal Protection Clause of the 14th Amendment - not from any other Constitutional right incorporated against the States under the Due Process clause of the 14th Amendment.
If you read the 14th Amendment Equal Protection Clause it says:
"nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws."
The Equal Protection Clause of the 14th Amendment explicitly applies to the State. In fact, it applies ONLY to the States - it doesn't apply to the Federal Government (the Equal Protection Clause of the 5th Amendment applies to the Federal Government).
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