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The potentially far-reaching implications of the Supreme Court?s ruling that 2nd Amendment binds the states

By Alliance Alert

FindLaw: "If incorporation were automatic, in the eyes of the majority, then most of the majority's McDonald opinion would have been unnecessary. Rather than simply saying that the Second Amendment is part of the Bill of Rights and therefore incorporated, the Court extensively analyzed the historical record in an effort to 'decide whether the right to keep and bear arms is fundamental to' the American 'scheme of ordered liberty' or, in what the Court took to be an alternative formulation of the same question, whether the right is 'deeply rooted in this Nation's history and tradition.' That test leaves open the possibility, at least in principle, that a provision of the Bill of Rights might not be fundamental or deeply rooted, and thus might not be incorporated against the states."

Full post as published by Constitutionally Correct on June 29, 2010 (boomark / email).