Message from @Maw

Discord ID: 800225567688884255


2021-01-17 04:40:29 UTC  

... yes.

2021-01-17 04:40:34 UTC  

That is what I said.

2021-01-17 04:40:45 UTC  

Ok

2021-01-17 04:40:51 UTC  

In comparison to you "you can disagree with *every* justice ever."

2021-01-17 04:40:52 UTC  

sorry... but yes... I told you that

2021-01-17 04:40:56 UTC  

yesterday

2021-01-17 04:41:46 UTC  

@Maw you are missing what I am saying. I am talking about the fact that no justice has ever said that any of the first 10 Amendments immedaitely applied to the states

2021-01-17 04:41:54 UTC  

That has never happened

2021-01-17 04:42:25 UTC  

They do apply now... because over the years the first 8 were all or in part incorporated and then with the 14th Amendment it kinda sealed the deal

2021-01-17 04:42:57 UTC  

So dissents don't exist?

2021-01-17 04:43:17 UTC  

Not on that issue... not that I am aware of

2021-01-17 04:44:38 UTC  

It was a process... and this is just the history of it. When the first 10 Amendments were ratified the Court said they did not apply to the States.

Over time the Courts began incorporating them... its complicated and stained logic but they were trying to provide people more protections than they were getting

2021-01-17 04:45:05 UTC  

Obviously its a good think that the first 8 Amendments apply to the States now... I think we can both agree on that

2021-01-17 04:46:31 UTC  

I don't love Wiki... but often there are good links within it

2021-01-17 04:46:43 UTC  

Yes, 2A was incorporated by SCOTUS in 2010.

2021-01-17 04:47:13 UTC  

I think it actually happened before that... but... yes certainly by 2010

2021-01-17 04:47:30 UTC  

When was Heller... 2006? But I would bet long before them even

2021-01-17 04:47:33 UTC  

let me look

2021-01-17 04:49:00 UTC  

You might actually be right on that date... I thought it was sooner... take a look at this
Penal Law ยง 265.01(1)). On April 20, 2009, the United States Court of Appeals for the Ninth Circuit in Nordyke v. King held that the Due Process Clause of the Fourteenth Amendment incorporated the Second Amendment and applied it against the states and local governments.Sep

2021-01-17 04:50:42 UTC  

McDonald v Chicago is what you're looking for.

2021-01-17 04:50:43 UTC  

Once the 2nd Amendment is incorporated and applies to the States (as we both agree is the case right now) - then we can look to the text of the Amendment itself and that is were opinions differ and, as I said, even the SCOTUS was split 5 to 4

2021-01-17 04:52:15 UTC  

Ok yeah I see... there were a lot of cases kinda back to back there
https://en.wikipedia.org/wiki/McDonald_v._City_of_Chicago

2021-01-17 04:52:57 UTC  

Having said that... for some reason I thought the SCOTUS had incorporated the 2nd Amendment more than just 10 years ago... that is kinda crazy thinking about it

2021-01-17 04:53:57 UTC  

Because there wasn't much reason to bring it up prior to the 20th century.

2021-01-17 04:55:12 UTC  

Yeah... I guess so... still seems odd to me. But that is clearly the case. The first time that the 2nd Amendment applied to the States was in 2010...

Kinda cool... living breathing document.

2021-01-17 04:55:23 UTC  

States didn't really regulate firearms much until automatic firearms became a thing.

2021-01-17 04:56:06 UTC  

I guess that is probably true.... I was just born in 1995 so maybe just in my mind it seems odd... I dunno

2021-01-17 04:56:32 UTC  

Back in 1776 we had cannons and muskets.

2021-01-17 04:57:03 UTC  

Basically a portable cannon.

2021-01-17 04:57:23 UTC  

Of course... that is the first time the court ruled that way... if we use the logic they used to apply it then technically we could say that it applied to the States after the 14th Amendment was ratified..... but the SCOTUS just had not yet ruled on it

2021-01-17 04:58:41 UTC  

You see what I am saying?

If the SCOTUS said that the 2nd Amendment applies to the States via the 14th Amendment... then obviously it applied the moment the 14th was ratified... they court just did not have a case come before them until 2010

2021-01-17 05:00:53 UTC  

Sure. I still disagree that the founders didn't want to apply it to state law though, not that it's worth much in the scheme of things.

2021-01-17 05:02:14 UTC  

LOL... well ok.. but if that is the case then you are not as much disagreeing with me... but rather 150 years of SCOTUS rulings

2021-01-17 05:02:38 UTC  

Sure I'll disagree with SCOTUS rulings, quite a few I disagree with already.

2021-01-17 05:04:21 UTC  

Well... on that particular issue (the first 10 Amendments applying to the States) that was pretty roundly agreed upon. They didn't really like it that they didn't apply. You can tell that the SCOTUS really WANTED to apply them to the States which is why they came up with the Doctrine of Incorporation.

2021-01-17 05:04:36 UTC  

And if the courts remain as unbalanced as they are now, I'm sure you're going to disagree with a lot of SCOTUS rulings too.

2021-01-17 05:04:55 UTC  

No doubt about it

2021-01-17 05:05:08 UTC  

I can drive my car in all 50 states... why can I carry my..........

2021-01-17 05:05:12 UTC  

I will... Citizens United was a fucking horrible case