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Old February 4, 2013, 07:51 PM   #10
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Join Date: November 16, 2008
Posts: 1,180
Great thread. Very good explanation that is broken down to give a basic understanding.

As to PI vs. due process clause for incorporation.

Another good read is Justice Thomas' concurrence in Mcdonald. I happen to agree with Justice Thomas but the rest of the court does not.

If the Supreme Court didn't take the opportunity and overrule slaughterhouse when it decided Mcdonald it probably never will. Substantive due process has become so much a part of our jurisprudence that it isn't going anywhere. Like it or not the court doesn't want to open up pandora's box with the PI clause.

Another good read is Nunn v. State, 1 Ga. 243 (1846). In that case the Georgia Supreme Court held the Second Amendment applicable to the state. The reasoning it used reads a lot like "scheme of ordered liberty."
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