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| How bad if SCOTUS rules against Incorporation? http://forum.twincitiescarry.com/viewtopic.php?f=24&t=13401 |
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| Author: | usmarine0352 [ Thu Jun 25, 2009 12:04 pm ] |
| Post subject: | How bad if SCOTUS rules against Incorporation? |
.Basically, how bad would it be if SCOTUS ruled against Incorporation for the 2nd Amendment? In reality, most states protect the 2nd Amendment in their own state constitutions, right? . |
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| Author: | joelr [ Thu Jun 25, 2009 12:13 pm ] |
| Post subject: | Re: How bad if SCOTUS rules against Incorporation? |
1. Very. 2. Yeah, but see how well that's worked out in, say, Hawaii? |
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| Author: | kecker [ Thu Jun 25, 2009 1:20 pm ] |
| Post subject: | Re: How bad if SCOTUS rules against Incorporation? |
1) Basically except for some very limited cases, the Second Amendment would cease to exist B) Subject to change and/or being ignored by that state |
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| Author: | jdege [ Thu Jun 25, 2009 2:41 pm ] |
| Post subject: | Re: How bad if SCOTUS rules against Incorporation? |
kecker wrote: Basically except for some very limited cases, the Second Amendment would cease to exist The Individual Right to Keep and Bear Arms does not exist because of the Second Amendment, and would continue to exist were the Second Amendment repealed. Unfortunately, the history shows that periods in which a government's understanding of what their individual citizen's rights are were at significant disconnect from what those rights actually aren't necessarily pleasant to live through. |
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| Author: | Lawyer_in_Training [ Thu Jun 25, 2009 8:42 pm ] |
| Post subject: | Re: How bad if SCOTUS rules against Incorporation? |
usmarine0352 wrote: .Basically, how bad would it be if SCOTUS ruled against Incorporation for the 2nd Amendment? In reality, most states protect the 2nd Amendment in their own state constitutions, right? . Very little would change automatically. I believe that only the 9th Cir. applies the 2nd Amendment to the states at the moment, and that's a recent development. Gun control would remain largely a state by state issue. Yes, most states have their own version of the 2nd Amendment. (MN does not) The effectiveness of those provisions varies on the whims of those states' supreme court. |
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