View Full Version : Incorporation - The 9th Circuit Ruled Today

April 20, 2009, 04:11 PM
The 9th Circuit just ruled. So far this just applies to the western states but I expect it to be cited as precedent in other cases soon enough.
We therefore conclude that the right to keep and bear arms is “deeply rooted in this Nation’s history and tradition.” Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the “true palladium of liberty.” Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later. The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited.17 We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments.
I'll leave it to the legal beagles to do a full analysis.

April 20, 2009, 04:56 PM
See other thread.

Glenn E. Meyer
April 20, 2009, 05:18 PM