(August 28, 2015 at 12:32 pm)Rhythm Wrote:(August 28, 2015 at 12:23 pm)Crossless1 Wrote: One problem is that since McDonald v. City of Chicago (2010), which incorporated the 2nd Amendment to the states under the 14th Amendment, it is much harder to regulate, much less prohibit, guns at the state and local level. Prior to that ruling, the way was open -- potentially at least -- for state or local governments to pass restrictive legislation since the 2nd Amendment prior to "McDonald" only strictly applied to the U.S. Congress.
So, looks like we could do some work on the 14th, eh? To make it easier to do what we can do, but for batshit reasons find it difficult to do.
I'm not in favor of fucking with the 14th Amendment. The incorporation doctrine as the courts have used it also resulted in every other significant part of the bill of rights to be binding upon the states. Take that away and what happens to 1st Amendment establishment clause protections at the state or local level (state churches anyone?) or guarantees of due process or 4th Amendment protections (tattered and disrespected though they be)?
