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gejohnston

(17,502 posts)
35. you might not want McDonald v. Chicago overturned
Sat Dec 22, 2012, 11:20 PM
Dec 2012
Rather than focusing on the original intent of the Fourteenth Amendment’s framers, Chicago and Oak Park urge the Court, instead, to uphold rejecting incorporation of the Bill of Rights under the Privileges or Immunities Clause. Chicago and Oak Park point to the Slaughterhouse Cases, where the Court held that the Fourteenth Amendment’s Privileges or Immunities Clause includes only those rights that “are dependent upon citizenship of the United States, and not citizenship of a State.” Such rights would include, for example, the freedom to petition the government, to run for political office, to become a citizen of any state through residence; however, such rights did not include those enumerated in the Bill of Rights, including the right to bear arms. Chicago and Oak Park also point to the seminal cases of United States v. Cruikshank, which held that the Second Amendment did not apply to the States, and Presser v. Illinois, which held that the right to keep and bear arms is not a privilege or immunity of United States citizenship. They thus argue that the Court should use the doctrine of stare decision to uphold cases that explicitly reject incorporation of the Second Amendment through the Fourteenth Amendment’s privileges or immunities clause.

http://www.law.cornell.edu/supct/cert/08-1521

But many liberal legal scholars supported McDonald hoping it would overturn the Slaughterhouse cases. One of them included CA Gov Jerry Brown, although he supported the 2A angle.
Cruikshank also said the first amendment, freedom of assembly, did not apply to the states either. That same decision interpreted the 14th in such a way that made civil rights laws of the time unenforceable and paved the way to Jim Crow. If McDonald were to be overturned, that could open the floodgate for nutcase state governments to attack other rights, like choice, using Privilege or Immunities Clause.
Careful what you ask for.
The 2A correctly interpreted would be a help. Loudly Dec 2012 #1
I agree, but as has been pointed out to me Toronto Dec 2012 #2
not unlimited scope - only for purposes of having a well regulated militia and that is ALL nt msongs Dec 2012 #4
You can quite beating that horse. It is very dead. N/T GreenStormCloud Dec 2012 #6
Unfortunately jurisprudence is not on your side... Toronto Dec 2012 #10
You really need to read Heller - it is the law of the land hack89 Dec 2012 #13
Which can be overturned by a different Supreme Court. thucythucy Dec 2012 #26
But until then hack89 Dec 2012 #30
I believe it's "Roe v. Wade." thucythucy Dec 2012 #32
Accepting political and legal reality is a progressive virtue hack89 Dec 2012 #47
Worship and adoration of guns is a serious social problem. Loudly Dec 2012 #5
2A has been correctly interpreted in DC v Heller and McDonald v Chicago. That's the law so learn to jody Dec 2012 #23
Whether it has been "correctly interpreted" thucythucy Dec 2012 #27
Still the laws the law. Learn to live with it or wallow and seethe in anger. nt jody Dec 2012 #29
"Learn to live with it?" thucythucy Dec 2012 #34
you might not want McDonald v. Chicago overturned gejohnston Dec 2012 #35
That bullshit is decidedly incorrect. And the fruit of some concerted conservative mindfuck Loudly Dec 2012 #41
The media doesn't help. Watch the evening news. You would think good things only happen rarely. nt Mojorabbit Dec 2012 #3
USA is not a healthy society and has not been for nigh on forty years. We tend to Tuesday Afternoon Dec 2012 #7
In that time we have cut gun deaths due to murder and manslaughter in half hack89 Dec 2012 #14
some of that is due to medical advancement and can not be denied. I did not speak specifically to Tuesday Afternoon Dec 2012 #15
NRA propaganda is the disease SecularMotion Dec 2012 #8
The NRA propaganda is more of Toronto Dec 2012 #9
Wrong SecularMotion Dec 2012 #12
OMG...you think that the NRA and FOX are the only ones exploiting your fears... Toronto Dec 2012 #16
The NRA is the tip of the iceberg? Please elaborate SecularMotion Dec 2012 #18
Eisenhower once referred to the Military Industrial Complex (MIC) Toronto Dec 2012 #24
All fine and dandy, but this is the gun forum. SecularMotion Dec 2012 #25
The NRA does not exist in a vacuum Toronto Dec 2012 #37
You seem to be making a great effort to absolve the NRA of any responsibility SecularMotion Dec 2012 #46
There is no increased gun violence - it has been falling for 30 years hack89 Dec 2012 #48
Do your statistics include 2012? SecularMotion Dec 2012 #50
Don't want to talk about the past 30 years? Don't blame you. hack89 Dec 2012 #52
I grant no absolution to the NRA Toronto Dec 2012 #53
I have a Field & Stream mag nearly a half cent. Old... Eleanors38 Dec 2012 #20
Put semi auto rifles and pistols under NFA regulation. Warren Stupidity Dec 2012 #11
A perfectly healthy society would be a utopia or if you believe in religion a heaven. ... spin Dec 2012 #17
I'm not so naive as to believe that humanity could even create a utopia Toronto Dec 2012 #19
That was possibly one of the best replies I have ever received on DU. (n/t) spin Dec 2012 #21
Thanks Toronto Dec 2012 #28
I agree with your take on consumerism and... Eleanors38 Dec 2012 #22
I'm afraid gun control outlook Toronto Dec 2012 #33
Social media is the new political expression, I suppose... Eleanors38 Dec 2012 #44
Could Obama not sign an Executive Order with a process that has absolutely nothing to do with libdem4life Dec 2012 #31
That's a question for someone with more knowledge Toronto Dec 2012 #36
do you know much about current federal gun laws? gejohnston Dec 2012 #38
No I don't and like many other non-gun owners, getting up to speed as quickly as possible. libdem4life Dec 2012 #39
there is a sales tax since 1919 gejohnston Dec 2012 #40
Good to know. I think it's going to have to increase however, on every level of the trade libdem4life Dec 2012 #42
guns are also regulated gejohnston Dec 2012 #43
No - registration is left to the states hack89 Dec 2012 #49
In one sense, I agree ... Kennah Dec 2012 #45
The 2nd Amendment Can Be Repealed, Replaced Or Modified - So Banning Guns Is Wholly Possible cantbeserious Dec 2012 #51
How? Toronto Jan 2013 #54
2/3d vote in each federal chamber gejohnston Jan 2013 #55
And the chances of this happening Toronto Jan 2013 #56
closer to gejohnston Jan 2013 #57
Pretty much what I thought. Toronto Jan 2013 #58
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