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Old August 27, 2012, 09:24 PM   #373
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,925
Quote:
Originally Posted by Charles Nichols
...Of course had you bothered to read either of Scalia's texts I recommended in my previous post you would not have drawn the incorrect inference regarding Nunn and Chandler that you did...
[1] Mr. Justice Scalia's texts are not part of the Heller opinion. The Heller opinion stands on its own.

[2] The Heller opinion is not exclusively Mr. Justice Scalia's. It is his together with the four other Justices who joined in it.

Quote:
Originally Posted by Charles Nichols
...Should you ever bother to read them you will find that Scalia does not believe that the Bill of Rights applied to the states in 1791. According to Scalia, the portions of the Bill of Rights which are incorporated to the states are colored by what the People believed those rights meant when the 14th Amendment was adopted in 1868...
Big deal. Everyone knows that the Bill of Rights did not apply to the States. That was made clear in Barron v. Baltimore, 32 U.S. (7 Pet.) 243 (1833). However, when you read a number of state court cases of the first half (plus) of the 19th Century, state courts weren't always that clear on the point.
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