Message from @JD~Jordan
Discord ID: 800223697948508180
Stop doing that.
Go to the source of the documents.
All of the states incorporated the Bill of Rights in variant wordings when they were established. It is only now that we have an Anti-American culture from the Urban Plantations that there is a problem.
No. I wont stop doing that... because you know what else that ORIGINAL document set up?
The SCOTUS and its job was to interpret the Constitution. In doing that CONSTITUTIONALLY created duty they ruled over and over that the first 10 Amendments did not apply to the States.
You are certainly free to disagree with every SCOTUS justice that has ever sat on the bench, if you wish. But given that same document that you keep talking about gave THEM and not you or I the job of interpreting it... I am gonna give them that leeway
And again... they do NOW... All of the first 8 Amendments have been either incorporated via the Doctrine of Corporation or the 14th Amendment.
I mean, they sort of reversed the prior decision in 2010, so what then?
except 9 and 10.... they still only apply to the Federal government
And, last I checked, the case you linked was 5-4, not 9-0.
Heller?
No... Heller was 5 4
... yes.
That is what I said.
Ok
In comparison to you "you can disagree with *every* justice ever."
sorry... but yes... I told you that
yesterday
@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
That has never happened
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
So dissents don't exist?
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
Obviously its a good think that the first 8 Amendments apply to the States now... I think we can both agree on that
I don't love Wiki... but often there are good links within it
Yes, 2A was incorporated by SCOTUS in 2010.
I think it actually happened before that... but... yes certainly by 2010
When was Heller... 2006? But I would bet long before them even
let me look
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
McDonald v Chicago is what you're looking for.
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
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
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
Because there wasn't much reason to bring it up prior to the 20th century.
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.
States didn't really regulate firearms much until automatic firearms became a thing.
I guess that is probably true.... I was just born in 1995 so maybe just in my mind it seems odd... I dunno
Back in 1776 we had cannons and muskets.
Basically a portable cannon.