usmarine0352_2005
member
- Joined
- Oct 21, 2005
- Messages
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Now that SCOTUS has decided to hear McDonald vs. Chicago on Incorporation:
1.) What is the anti's argument against Incorporation?
2.) How solid is the case against Incorporation?
3.) What is the chance of us winning this?
4.) When will the decision most likely be?
5.) Is this the best case out of the of the 4 Incorporation cases available?
6.) What is the chance of SCOTUS sending this case back down to the lower courts?
7.) What is the chance of SCOTUS striking down Chicago's law, but leaving Incorporation un-answered?
8.) Is this case too big, bringing in stuff that doesn't pertain as much to the 2nd Amendment as this states?: (See below quote)
I know there is a thread on the fact that Incorporation was on the docket, but this is a different topic.
.
Now that SCOTUS has decided to hear McDonald vs. Chicago on Incorporation:
1.) What is the anti's argument against Incorporation?
2.) How solid is the case against Incorporation?
3.) What is the chance of us winning this?
4.) When will the decision most likely be?
5.) Is this the best case out of the of the 4 Incorporation cases available?
6.) What is the chance of SCOTUS sending this case back down to the lower courts?
7.) What is the chance of SCOTUS striking down Chicago's law, but leaving Incorporation un-answered?
8.) Is this case too big, bringing in stuff that doesn't pertain as much to the 2nd Amendment as this states?: (See below quote)
In addition to claiming the 2nd amendment should be incorporated through the selective incorporation process, McDonald is unique among post-Heller gun cases in that it is asking the court to overturn the 1873 Slaughter-House Cases. Slaughterhouse determined that the 14th Amendment's Privileges or Immunities Clause did not apply the Bill of Rights to the actions of states (and by extension, local governments). If overturned, the Selective Incorporation process would be moot and unnecessary, as the entire Bill of Rights, including the 2nd Amendment, would be applied against the states.
In attempting to overturn Slaughterhouse, this case has garnered the attention and support of liberal legal scholars interested in its potential application in areas outside of firearms law.[9] [10] If Slaughterhouse is overturned, it is likely that constitutional guarantees such as the right to a jury in civil cases, right to a grand jury in felony cases, and other parts of the Bill of Rights, as well as future court rulings, not universally guaranteed in actions by the states would be applied against the states automatically.
I know there is a thread on the fact that Incorporation was on the docket, but this is a different topic.
.
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