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To: tpaine
"California did not "bring over" the 2nd amendment as part of the 14th.
-?- Can you explain the meaning of this line of gibberish?"

"bring over" = incorporate

The Constitution and Bill of Rights applied only to the Federal government prior to the passage of the 14th Amendment in 1868. Although the Supreme Court has held that the Due Process Clause of the 14th Amendment may limit action by state and local governments, they have rejected the notion that the 14th Amendment incorporates the entire Bill of Rights.

Today, only three provisions of the Bill of Rights, including the 2nd, 5th and 7th Amendments, remain unincorporated.

"listen to yourself supporting the 'right' of states to ban anything"

The right of California to ban guns says nothing about my position on the issue.

105 posted on 01/12/2003 11:39:29 AM PST by robertpaulsen (Proud member of the NRA)
[ Post Reply | Private Reply | To 99 | View Replies ]


To: robertpaulsen
"California did not "bring over" the 2nd amendment as part of the 14th.

-?- Can you explain the meaning of this line of gibberish?"

"bring over" = incorporate The Constitution and Bill of Rights applied only to the Federal government prior to the passage of the 14th Amendment in 1868.

So the south claimed, refuted by the supermacy clause of Art VI. The 14th was passed, in part, to resolve that issue.

Although the Supreme Court has held that the Due Process Clause of the 14th Amendment may limit action by state and local governments, they have rejected the notion that the 14th Amendment incorporates the entire Bill of Rights. Today, only three provisions of the Bill of Rights, including the 2nd, 5th and 7th Amendments, remain unincorporated.

'Incorporation', in my opinion, is just a shysters dodge, used to gain more power to the 'justice' system.

--------------------------

"listen to yourself supporting the 'right' of states to ban anything"

The right of California to ban guns says nothing about my position on the issue.

It says it all. You do not support our inalienable RKBA's, if you believe states have the 'right' to ban them. The NRA should revoke your membership, imo.

107 posted on 01/12/2003 12:01:31 PM PST by tpaine
[ Post Reply | Private Reply | To 105 | View Replies ]

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