Mike
Site Co-Founder
imported post
DKSuddeth wrote:
Selective incorporation of federal rights against state power by operation of the Fourteenth Amendment is the process by which the courts have slowly applied formerly federal rights against state action.
A federal circuit holding is only binding on district courts in that circuit and future circuit panels. Federal circuit holdings are not binding on the state courts in any circuit - they have no more pursuasive authority than the federal circuit courts in other parts of the country - only the federal Supreme Court can overrule a state appellatecourt, and even then, only on a federal question.
DKSuddeth wrote:
No, Emerson held only that the Second Amendment provided an individual right against federal power. Current but dated federal S. Ct. cases say the Second Amendment is not incorporated. But see footnote 23 of Heller.
Selective incorporation of federal rights against state power by operation of the Fourteenth Amendment is the process by which the courts have slowly applied formerly federal rights against state action.
A federal circuit holding is only binding on district courts in that circuit and future circuit panels. Federal circuit holdings are not binding on the state courts in any circuit - they have no more pursuasive authority than the federal circuit courts in other parts of the country - only the federal Supreme Court can overrule a state appellatecourt, and even then, only on a federal question.