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Why hasnt the second ammend. been incorperated by the states. It seems that everything should be incorperated and not just selective ones.
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The idea is that citizens of the United States and citizens of a State in the Union are not one and the same, and each "flavor" of citizenship carries certain rights.
Slaughterhouse Cases
Cruikshank
Presser
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Originally Posted by SCOTUS in Presser
But a conclusive answer to the contention that this amendment prohibits the legislation in question lies in the fact that the amendment is a limitation only upon the power of congress and the national government, and not upon that of the state.
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That has never been overturned, and it is the Supreme Court that should do the overturning of their own ruling. Appeals Court judges should not overturn the Supreme Court. She was right to observe that the precedent exists and is controlling until the SC says otherwise, and they have not. Yet.