10/07/2009

Even the Los Angeles Times says that the 2nd Amendment should be incorporated under the 14th Amendment to apply to the states

The application of the Bill of Rights should be done through a different clause than the due process clause. It should be done through: "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." That said, it is great to see that the LA Times is arguing that the 2nd Amendment should be treated like the rest of the Bill of Rights.

In the Chicago case, the justices are considering whether the 2nd Amendment should be applied to the states by either the 14th Amendment's due process clause (which applies to "persons") or its privileges and immunities clause (which protects only citizens). The court should say yes, even as it reaffirms its assurance in its 2008 decision that government may still impose reasonable restrictions on the right to bear arms.

This is no time for the court to start picking and choosing when it comes to the Bill of Rights.

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