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Thread: 2A Incorporation

  1. #1
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    I see the term "2A Incoporation" and I really have no idea what this means. Can anyone explain what the term means in non-legalese. I'm a very intelligent guy, but I don't speak/read foreign languanges.



    So, what is it and why should I want it? Give me all the gritty details.

  2. #2
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    http://en.wikipedia.org/wiki/Incorporation_(Bill_of_Rights)

    The Wikipedia is a good place to first learn about an issue, a first reference.

    Believe nothing you read or hear without verifying it yourself unless it fits your pre-existing worldview.

  3. #3
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    I agree, always verify for yourself.

    Here it is in a nutshell. The 14th amendment, among other things, denies the States the ability to deny certain rights that are protected by the U.S. constitution. Note that it does not do this for ALL rights in the constitution, just those that the Supreme Court of the US (SCOTUS) has ruled should be "incorporated" into the 14th amendment. For example, the right to be secure against unlawful search and seizure is incorporated, so no state can pass a law that allows for warrant-less searches.

    As it pertains to the 2nd amendment, the SCOTUS recently ruled that the 2nd amendment protects an INDIVIDUAL right to keep and bear arms. However, the 2nd amendment only forbids the FEDERAL government from infringing upon the right to keep and bear arms. Until the 2nd is "incorporated" into the 14th, then there is nothing that prevents state governments from infringing upon our right to keep and bear arms (except our votes).

    It should also be noted that many states (more than half, IIRC) already have a keep and bear arms clause in their own state constitution. Incorporation would simply be redundant for those states.

  4. #4
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    Slayer of Paper wrote:
    I agree, always verify for yourself.

    It should also be noted that many states (more than half, IIRC) already have a keep and bear arms clause in their own state constitution. Incorporation would simply be redundant for those states.
    Quibble. Wisconsin has Section I Article 25 amended to its constitution in 1997 and gutted by its Supreme Court. Wisconsin will benefit from incorporation of the 2A.

  5. #5
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    Colorado's Constitutions Article II Section 13 is almost perfect:

    Right to bear arms. The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.

    Aside from the last clause about CCW, it's a good one!

    In addition to section 13, is Section 2:

    Inalienable rights. All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness.

    I freakin love this state!!!!!!!!!!!

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