Sunday, June 27, 2010

Supreme Court decision in the McDonald vs Chicago

The Supreme Court decision in the McDonald vs Chicago case should answer one simple question. Is the Constitution of the United States the constitution.

If the Bill of Rights does not apply to the States, then to whom does it apply? Since we are all residents of States (With the exception of D.C., Puerto Rico, the USVI, American Samoa etc.), then the Bill of Rights is absolutely worthless.

The 10th Amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

The Second Amendment clearly says the "Right of the People to keep and bear arms shall not be infringed"

Shouldn't this prohibit states from passing laws restricting keeping and bearing firearms?

The 14th Amendment also comes into play:

"all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States"

Will the decision define “Selective Incorporation” once and for all?

The doctrine of selective incorporation, or simply the incorporation doctrine, makes the first ten amendments to the Constitution—known as the Bill of Rights—binding on the states. Through incorporation, state governments largely are held to the same standards as the federal government with regard to many constitutional rights, including the FIRST AMENDMENT freedoms of speech, religion, and assembly. Some provisions of the Bill of Rights—including the requirement of indictment by a GRAND JURY (Sixth Amendment) and the right to a jury trial in civil cases (Seventh Amendment)—have not been applied to the states through the incorporation doctrine.
Once the foot was in the door on the 6th and 7th, the 2nd was included as being selective and spun to mean optional by the opposing forces.

We should have our answer tomorrow.

If anything, the spin by the Brady Bunch and Bloomberg's Mayors should be entertaining.
Will they be like frightened little sheep or celebrating like an environmentalist watching the Gulf Crisis.

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