Sunday, March 07, 2010

The Second Amendment and the States

Imagine you are a visitor from another planet reading the U.S. Constitution. You come to the 14th Amendment, where it says: "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." Might you not think this must be a pretty important provision? Now suppose you are told that, for over 135 years, the Supreme Court has, with one exception, entirely ignored that language. Might you question whether Supreme Court justices were bound by the written Constitution? Had you been seated in the Supreme Court yesterday to hear oral arguments in McDonald v. Chicago, your suspicions might well have been confirmed...read more

COMMENT: An informative discussion of the second amendment, incorporation, due process and the priviliges or immunities clause.

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