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joelberg
12-16-2009, 6:25 AM
Does the Second Amendment Apply in Chicago?
Understanding the stakes in the Supreme Court's next gun rights case

Damon W. Root | December 15, 2009

Last year’s landmark Supreme Court decision in District of Columbia v. Heller definitively settled the fact that the Second Amendment secures an individual right—not a collective one—to keep and bear arms. Yet that ruling applied only to the federal government (which oversees Washington, D.C.). Does the Second Amendment apply against state and local governments as well?

Through a series of legal decisions handed down over the past century, the Supreme Court has gradually held that most of the protections in the Bill of Rights apply to the states via the 14th Amendment, which declares, “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.” The Second Amendment, however, has been glaringly absent from this process, leaving state and local governments free to systematically violate gun rights.

Until now.

Later this term, the Supreme Court will hear oral arguments in McDonald v. Chicago, a case that centers on whether the Windy City’s notorious handgun ban violates the 14th Amendment. As we’ll see, it most certainly does. The text of the 14th Amendment, the historical events leading to its adoption, the goals of its framers, and the statements of purpose made both by its supporters and by those who ratified it, all point in the exact same direction: The amendment was designed to secure individual rights—including the right of armed self-defense—against abusive state and local governments.

In the wake of the Civil War, the former Confederate states began passing a series of laws, ordinances, and regulations that robbed the recently freed slaves and their white allies of their political, economic, and civil rights, including the right to arms. Mississippi’s 1866 Black Code, for example, declared “that no freedman, free Negro, or mulatto…shall keep or carry firearms of any kind.” In other words, America’s original gun control laws were designed to disarm African Americans and leave them at the mercy of predatory state governments.

So the Radical Republicans of the 39th Congress responded with the 14th Amendment, which was ratified in 1868, and which was explicitly designed to secure the life, liberty, and property of all Americans from tyrannical state attack. One of the leading figures in this process was Rep. John Bingham of Ohio, the author of the 14th Amendment’s first section (quoted above). In a speech before the House of Representatives, Bingham explained that “the privileges and immunities” protected by the amendment “are chiefly defined in the first eight amendments to the Constitution.” That quite obviously includes the Second Amendment.

...

http://reason.com/archives/2009/12/15/does-the-second-amendment-appl


Good article. I love Reason, it's a great publication.

GrizzlyGuy
12-16-2009, 8:22 AM
In the wake of the Civil War, the former Confederate states began passing a series of laws, ordinances, and regulations that robbed the recently freed slaves and their white allies of their political, economic, and civil rights, including the right to arms. Mississippi’s 1866 Black Code, for example, declared “that no freedman, free Negro, or mulatto…shall keep or carry firearms of any kind.” In other words, America’s original gun control laws were designed to disarm African Americans and leave them at the mercy of predatory state governments.

It's good to see a major publication making that point, as too many people are either ignorant of that fact or deliberately choose to ignore or hide it (in the case of anti-gun progressives). It's apropos that Justice Thomas seems ready to lead the charge for 2A incorporation via the 14A P or I clause (http://www.calguns.net/calgunforum/showthread.php?p=3489445#post3489445).

OlderThanDirt
12-16-2009, 2:13 PM
I always love it when people state that the 2nd Amendment does not apply to the states. Using that logic, they trash all their other rights.

Caeser2001
12-16-2009, 2:49 PM
Funny how the US Constitution doesn't trumps the states laws when it's convenient. I can't remember off the top of my head by one of them crazt left wingers were going off on some show about how such and such only applies b/c of the US Consitution trumping the States Constitution.

MidnightSon117
12-16-2009, 6:33 PM
That was a good read. And there were also several great comments on the source website.

JBBenson
12-16-2009, 6:58 PM
It is interesting that the Left argues States Rights when it comes to guns, and the Right argues Federal Authority when it comes to guns....

Hmmm.....

;)

Mr.CRC
12-16-2009, 7:09 PM
It is interesting that the Left argues States Rights when it comes to guns, and the Right argues Federal Authority when it comes to guns....

Hmmm.....

;)

It's called "intellectual dishonesty," and is one of the defining characteristics of the political personality.

blacksheep
12-17-2009, 10:51 AM
It's called "intellectual dishonesty," and is one of the defining characteristics of the political personality.

Problem is they aren't intellectual to begin with, just saying.:D

NCSD
12-17-2009, 4:12 PM
I think even if we the people fight this assault on our guns Obama will just sign a excecutive action a cammand and control type thing like he said he will do for these bogus global warming scam taxes.

joelberg
12-17-2009, 4:31 PM
I think even if we the people fight this assault on our guns Obama will just sign a excecutive action a cammand and control type thing like he said he will do for these bogus global warming scam taxes.

Thing about that is that the Judiciary really could have an effective check against the Executive here.