Last night, I dreamt that McDonald v. Chicago had been decided, in our favor. But all I knew was the decision, none of the details. I kept going up to people to ask, "But was it due process or P or I?"
I think I've spent too much time reading amicus briefs.
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Did you read the brief by the State of Illinois, co signed by NJ?
ReplyDeleteIt's one of the worst briefs I have ever read, for any lawsuit.
Yep.
ReplyDelete"the individual States have balanced the legitimate interests of gun owners against the need, which varies with locale, to protect their residents from the devastating effects of gun violence."
Except that gun owners apparently have no legitimate interests in Chicago. And that protection from gun violence is working out wonderfully.
"The Second Amendment was codified to protect the militia from elimination by the federal government, not from overreaching by the States."
Sure, if you want to ignore all of the documentation that contradicts this.
"The Second Amendment resists incorporation for the additional reason that—as the only Bill of Rights provision conferring a right to possess an item designed to kill—the right to bear arms uniquely requires government oversight ..."
The Second Amendment demands incorporation for the additional reason that - as the only Bill of Rights provision recognizing a natural right to self-defense - the right to bear arms requires no government oversight.
And then the argument that, if the Second Amendment is incorporated via P or I, the states will have the additional headache of recognizing other rights.
Guh.
The best is when they try to support the black codes, by the theory of unarming everybody else.
ReplyDeleteAnother is how they say the 2A doesn't need Incorporation because many States already have a 2A in their State Constitutions. Gee, Illinois has that, and how's that working out for them?