What would it take to get the 2nd Incorporated?

[hugh damright]

The idea isn't that the states had authority to infringe the right to arms. Rather, the idea is that the states' own constitutions were supposed to safeguard the rights of the people of those states.

Or we might say that the States do have authority to infringe on the RKBA, and this authority was to be checked by the State Constitutions and ultimately by the people of each State, not by the federal judiciary. Jefferson expressed such a view about the First Amendment:

"no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed" -Jefferson, Draft of Kentucky Resolutions

 

[wolf13]

California already has a couple of cases going, and one is fairly far along in the process due to actually being started awhile ago. Also, there is another one that should just be getting started over the AWB we have here.

EDIT: Calguns has actually raised 10k since 11am the day of the Heller ruling. Hopefully instead of having the gun laws coming, CA can be on the forefront of getting them repealed.

 

[leadcounsel]

Time to start sueing the rights-depriving cities into bankruptcy for deprival of rights... OH.. if only it were that simple.

 

[ctdonath]

So what will Chicago's rebuttal to the RKBA incorporation suit? What could possibly be their grounds for saying "why yes, we do indeed have the delegated power to deprive people of their pre-existing natural rights"?

 

[usmarine0352_2005]

So what will Chicago's rebuttal to the RKBA incorporation suit? What could possibly be their grounds for saying "why yes, we do indeed have the delegated power to deprive people of their pre-existing natural rights"?

Yes as a matter of fact.


They basically admitted that they knew the 2nd Amendment defined an individual right, but they said, because of modern times and the current state of violence they should be able to change Constitutional law.


As times change, thus should the Constitution. (In their minds.)