Thread: Full-Time RVing
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Old August 25, 2011, 05:33 AM   #20
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 9,679
Originally Posted by Don H
Originally Posted by JustThisGuy
It is truly sad and frustrating when a devoutly law-abiding citizen can unknowingly and unintentionally break the law of a state while exercising his nationwide constitutional right to keep and bear arms, simply because he/she are traveling throughout the United States which is their right.
What "nationwide constitution right" is that? The Bill of Rights, including the Second Amendment, was enacted to constrain the powers of the federal government and did not apply to the states. It was not until quite some time later that some but not all of the BoR was incorporated to the states. The Second Amendment is just now being incorporated to a degree and how much of a degree remains to be seen.
This is incorrect on a number of points. You are correct that the Bill of Rights -- and the entire Constitution of the United States -- was written to constrain the Federal government. The 14th Amendment was what began the process of making the various amendments comprising the BoR applicable to the states as well as the Feds. But it is not correct to say that "The Second Amendment is just now being incorporated to a degree and how much of a degree remains to be seen." Incorporation is done. McDonald v. Chicago took care of that. The SCOTUS ruled that the 2nd Amendment applies to the states. That's it -- incorporation is over, done, the law of the land.

What is being worked out through numerous courts and cases now, post Heller and post McDonald, is not the degree of incorporation, but rather what degree of infringement ("regulation") is allowed under a Constitutional provisions that states no infringement (regulation) is allowed.

Originally Posted by Don H
As far as incorporation of the Second goes, this will be another "right" that the states will lose the ability to control and another gain of power by the federal government. Whether this will be good or bad will remain to be seen...once control of a "right" falls under federal purview, it only takes a Congressional vote, the stroke of an Executive pen or a federal court decision to alter that "right" for the entire country. The Feds giveth and the Feds take away!
How does interpretation of the Federal Constitution by the Federal courts remove any power from the states? The 14th Amendment was enacted over 100 years ago, so it's not like this is something new. And, since the 2nd Amendment is part of the Constitution, the right it guarantees cannot be taken away by vote of Congress, by the stroke of a pen, or by a Federal judge. The Constitution can be changed only by constitutional amendment.
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