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tomcody
11-05-2008, 8:49 PM
Hi all,
Could someone please explain incorporation to me? :confused: Thanks

Librarian
11-05-2008, 9:00 PM
Hi all,
Could someone please explain incorporation to me? :confused: Thanks
FAQ - see wikipedia (http://en.wikipedia.org/wiki/Incorporation_(Bill_of_Rights)) for an intro.

Very short answer: several cases that went to the Supreme Court ruled that the Bill of Rights did NOT apply to the States. Since that time, some rights have been ruled to apply to the states - free speech, for example - in a doctrine called 'selective incorporation', and usually by way of interpreting the language of the 14th amendment.

In context here, 'incorporation' is getting the 2nd Amendment to apply to the states.

RomanDad
11-05-2008, 9:07 PM
We totally need a sticky for this one.

Incorporation is a fancy word for applying the Bill of Rights to the States.

Sleepy1988
11-05-2008, 9:36 PM
I have a question, can we expect incorporation of Heller anytime soon? Didn't Gura or Levy file a case asking for incorporation in Illinois or California?

hoffmang
11-05-2008, 9:38 PM
Nordyke (http://wiki.calgunsfoundation.org/index.php/Nordyke_v._King) is the most likely vehicle to Incorporate in the 9th and in the US and it will likely be decided in the next 3-4 months.

-Gene

Bruce3
11-05-2008, 9:54 PM
does anyone know what would likely come of it?

hoffmang
11-05-2008, 9:57 PM
Uh... Quite a few CA gun laws would be struck from the codes over the next 5 to 10 years...

-Gene

yellowfin
11-06-2008, 9:54 AM
Is the next 5-10 years going to be a suitable timetable given the possibility of imposition of impediments from the fed under the new empire, er, administration? I can see a more pro 2A climate here will tilt power back in our favor over the long run, but can we get that far without them seeing us coming and putting through their nasty stuff extra fast to head us off?

CSDGuy
11-06-2008, 10:14 AM
Is the next 5-10 years going to be a suitable timetable given the possibility of imposition of impediments from the fed under the new empire, er, administration? I can certainly see how restoring a more pro 2A climate here will tilt power back in our favor over the long run, butThe Federal Courts at the lower levels will be less affected, IMHO, than SCOTUS in that timeframe.

hoffmang
11-06-2008, 11:18 AM
The Federal Courts at the lower levels will be less affected, IMHO, than SCOTUS in that timeframe.

Only death or something similar is going to cause one of our 5 to leave during a Democratic presidency - just like the other 4 would not leave until a Democratic presidency.

-Gene

dfletcher
11-06-2008, 11:50 AM
An article on Abama & judge appointess.

http://news.yahoo.com/s/afp/20081106/pl_afp/usvotejustice

yellowfin
11-06-2008, 12:25 PM
I wasn't referring to a court change but legislation over the top of it like *sigh* an AWB or worse.

tomcody
11-06-2008, 7:10 PM
Thanks for the info Librarian :)

anthonyca
11-06-2008, 7:19 PM
Thank you.

RRangel
11-06-2008, 7:40 PM
An article on Abama & judge appointess.

http://news.yahoo.com/s/afp/20081106/pl_afp/usvotejustice

What's wrong with this picture? The most important issue to these "scholars" is everything but those nominees to the Supreme Court who would actually follow the Constitution. It must be nice living in your own world.

Already observers are weighing in on what Obama could do in the key decision on replacements for the highest court in the land.

"It is quite likely he would choose a woman or a minority," said Nathaniel Persily, a law professor at Columbia University in New York.

"If he could find a Hispanic woman, that would be ideal, the best choice," he added.