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GHF · December 26, 2009, 02:44 AM

The Second Amendment - per Heller - only applies to the Federal Government.

McDonald v The City of Chicago is designed to do 2 things.

Have the Second Amendment apply to the States via the 14th Amendment.
By the clause in Section 1 of the 14th Amendment,

Section 1. 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; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

either use the Equal Protection Clause now used in 1st, 4th, 5th, and 6th Amendment incorporation, or overturn the 1873 Slaughter House cases which killed the Privileges and Immunities Clause.

Keep in mind that the 14th Amendment was geared to overturn the 1857 Scott (AKA Dred Scott) v Sandford, which said black people could not be citizens, and used as an example of that not be a citizen the ability to carry firearms.

Read Tandy's decision in the case - http://www.pbs.org/wgbh/aia/part4/4h2933t.html - and throw up.

December 26, 2009, 02:44 AM	#10
GHF Member Join Date: June 4, 2007 Location: Orlando, FL Posts: 84	Incorporation Impact The Second Amendment - per Heller - only applies to the Federal Government. McDonald v The City of Chicago is designed to do 2 things. Have the Second Amendment apply to the States via the 14th Amendment. By the clause in Section 1 of the 14th Amendment, Section 1. 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; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. either use the Equal Protection Clause now used in 1st, 4th, 5th, and 6th Amendment incorporation, or overturn the 1873 Slaughter House cases which killed the Privileges and Immunities Clause. Keep in mind that the 14th Amendment was geared to overturn the 1857 Scott (AKA Dred Scott) v Sandford, which said black people could not be citizens, and used as an example of that not be a citizen the ability to carry firearms. Read Tandy's decision in the case - http://www.pbs.org/wgbh/aia/part4/4h2933t.html - and throw up. Last edited by GHF; December 26, 2009 at 02:50 AM.