Monday, June 28, 2010

Link to: 2nd Amendment via the 14th Amendment


Alito announces McDonald v. Chicago: reversed and remanded
Gun rights prevail.
The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense
Stevens dissents for himself. Breyer dissents, joined by Ginsburg and Sotomayor.
The majority seems divided, presumably on the precise standard
The majority Justices do not support all parts of the Alito opinion, but all five agree that the 2d Amendment applies to state and local government.
Alito, in the part of the opinion joined by three Justices, concludes that the 2d Amendment is incorporated through the Due Process Clause.
Thomas thinks the Amendment is incorporated, but not under Due Process. He appears to base incorporation on Privileges or Immunities.
The difference between the majority and Justice Thomas doesn’t affect the fact that the Second Amendment now applies to state and local regulation
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McDonald v. City of Chicago:  Supreme Court a few minutes ago came down by a 5/4 decision allowing hand guns in any home in the country.  In the majority report it states the 14th amendment confirms the right to bear arms (my words).
BB
U.S. Constitution: Fourteenth Amendment
Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

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