Reply #6: Legal tap dancing. Slaughterhouse should be overtuned and P&I given respect.

[Statistical]

However it seems the court (even most liberal members of the court) are unwilling under any circumstances to overturn the abomination called Slaughterhouse and restore P&I.


There is no conflict between 2nd & 10th.
The 10th deals with POWER not rights. The 2nd enumerates a right. No governmental power can override a right. If they could then entire BofR is worthless. The only question is does the 14th cause the 2nd to apply to the states. If not then the 10th doesn't apply because 2nd doesn't apply. If (and it will) the 14th causes the 2nd to apply to the states then any power to infringe upon it is a power which is prohibitied (by the 2nd + 14th).

There is no such thing as states rights. States have absolutely no rights. They have powers which can never override rights.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

States only have powers not granted to federal govt and only powers not prohibited by the Constitution. Incorporation makes the prohibition expressed in the 2nd apply to the states as well.

In effect Chicago gun ban is just that an expressed power of the state. Incorporation would make that power prohibited.