[uncbob]

Exactly

And aren't the states prohibited by another amendment from banning things congress is banned from like freedom of religion and free speech --needing search warrants etc etc

[OmegaMan]

IMO, yes. The 14th Amend makes all the Bill of Rights applicable to all the states. Its just a matter then of how expansive your view of the BORs are. The more freedom the better in my view. So his opinion about machine guns is a very good sign, at least as it pertains to the Feds. It would be even better if he felt that it applies to the states as well. I must admit Im even a little hesitant to say they (states) can't regulate machine guns, but I think I could be easily convinced that thats the correct interpretation.

[ModelBreaker]

And aren't the states prohibited by another amendment from banning things congress is banned from like freedom of religion and free speech --needing search warrants etc etc

This is called the incorporation doctrine. That doctrine 'incorporates' the bill of rights (in part) to apply against the states by way of the 14th amendment.

The incorporation doctrine was one of the most pernicious left-wing judicial inventions of the 20th century. It is, for example, the reason that Roe could be applied against STATE laws and why the states cannot sponsor religious activities. Without the incorporation of the bill of rights (which limits only the federal government) to apply against the state governments, most of the left wing judicial activism of the past century would simply fold up and disappear.

The 14th amendment should be reinterpreted to conform to it's obvious original intent--to prevent states from reestablishing slavery under another name. Thus, it protects slaves and their descendants rather strongly. It protects noone else.