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To: Joe Brower
The Second Amendment...
America's Original Homeland Security!
14 posted on 10/31/2005 9:27:49 AM PST by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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1. I am a gun owner and my kid is a gun nut.

2. I hate Illinois's restrictive gun laws.

3. I would appreciate not getting replies here implying I'm a gun grabber or like gun grabbers.

Now then. The 14th Amendment did not, as a practical matter of con law (as opposed to constitutional theory), apply the whole BOR to the states. Only 1 or 2 justices ever thought so. What happened was the court, on a case by case basis, used the due process clause of the 14th, to apply certain parts of the BOR to the states. This is called selective incorporation. Many originalists regarded and regard this process as activism.

The second amendment was not incorporated, so constitutionally does not apply to the states. These are the facts. One might argue that incorporation should have been all (as opposed to nothing) but do you really want a jury trial for every civil case involving $20?

19 posted on 10/31/2005 9:43:01 AM PST by phelanw
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To: blackie
The Second Amendment... America's Original Homeland Security!

I would like to alter that a tad if you don't mind.

Second Amendment, America's ONLY Homeland Security! That's more accurate. Blackbird.

77 posted on 10/31/2005 4:13:31 PM PST by BlackbirdSST ("Read my Lips, no new Taxes" G.W Bush "Trust me!" G.H.W Bush...do I have that right?)
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