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View Poll Results: Incorporation will make the Second Amendment: | |||
limit federal gun control powers, limit state gun control powers | 15 | 71.43% | |
limit federal gun control powers, deny state gun control powers | 0 | 0% | |
deny federal gun control powers, limit state gun control powers | 3 | 14.29% | |
deny federal gun control powers, deny state gun control powers | 3 | 14.29% | |
Voters: 21. You may not vote on this poll |
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December 23, 2009, 12:59 PM | #1 |
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What Does Incorporation Mean to You?
Which best describes your view of incorporation?
Last edited by Hugh Damright; December 23, 2009 at 01:05 PM. |
December 23, 2009, 01:12 PM | #2 |
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I think it will be meaningless at the federal level and potentially meaningful at the state level. Even if incorporated, the 2A won't mean a whole lot anywhere unless a reasonable level of scrutiny (strict scrutiny being the obvious choice) is applied, and that case is a few years away.
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December 23, 2009, 01:27 PM | #3 |
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Incorporation has nothing to do with federal powers. Federal powers are already limited by the Bill of Rights whether or not those same rights are incorporated against the States.
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December 23, 2009, 05:05 PM | #4 |
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Incorporation will not "make" the Second Amendment do anything. It already limits federal and government control powers, in its words and meaning.
What incorporation "may" do is allow the individual states to violate the amendment in the exact same method as the federal government.
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December 23, 2009, 08:54 PM | #5 |
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What I hope it will do is to require California to issue carry permits.
What I think it will do is generate litigtion for years, if not decades to come.
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December 23, 2009, 09:14 PM | #6 | |
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December 23, 2009, 09:16 PM | #7 | |
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December 24, 2009, 03:17 AM | #8 |
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I think incorporation will allow for limited restrictions, no matter what level of scrutiny is applied. The real question is what the level of scrutiny will be, and what restrictions are deemed reasonable. Hopefully, it will be strict scrutiny, and only a few "gun control" measures will be allowed.
I think it will take decades to decide, any way it goes. |
December 24, 2009, 11:59 AM | #9 |
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When we say that it will limit federal gun control powers, are we talking about federal gun control powers within federal districts, or are we talking about federal gun control powers within the States?
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December 26, 2009, 02:44 AM | #10 |
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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.
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. |
December 26, 2009, 07:24 AM | #11 | |
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December 26, 2009, 11:33 AM | #12 | |||
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Quote:
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Last edited by Hugh Damright; December 26, 2009 at 12:05 PM. |
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December 27, 2009, 09:37 PM | #13 | |
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What Should Have Tandy Done
Quote:
If he would have ruled more broadly for Scott, he would have laid out the start of a legal process that would have ended slavery without a Civil War. |
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December 29, 2009, 09:59 AM | #14 |
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Incorporation means bringing the Bill of Rights to the states to prevent the states from denying the civil rights of its citizens as per the original intent of the Framers of the Fourteenth Amendment.
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