fearthereaperx
Member
- Joined
- Nov 29, 2007
- Messages
- 907
Actually, this is a very interesting constitutional question. Assuming the right to bear arms was not already written into this state's constitution (I am in fact not sure if it is or not), would the city councilman be justified in attempting to ban guns? I just ask because the idea that the Bill of Rights as set forth in the Constitution applies to the states is a relatively new one (the "incorporation doctrine"), starting only after the 1890s. The Supreme Court justified this new interpretation with the due process clause.
I guess what I'm trying to get at here is that the only thing saying that states are not allowed to infringe on rights as enumerated in the Bill of Rights is some rather loose judicial interpretation. Just curious what strict constitutionalists think of this conundrum.
Actually, this is a very interesting constitutional question. Assuming the right to bear arms was not already written into this state's constitution (I am in fact not sure if it is or not), would the city councilman be justified in attempting to ban guns? I just ask because the idea that the Bill of Rights as set forth in the Constitution applies to the states is a relatively new one (the "incorporation doctrine"), starting only after the 1890s. The Supreme Court justified this new interpretation with the due process clause.
I guess what I'm trying to get at here is that the only thing saying that states are not allowed to infringe on rights as enumerated in the Bill of Rights is some rather loose judicial interpretation. Just curious what strict constitutionalists think of this conundrum.
Actually, this is a very interesting constitutional question. Assuming the right to bear arms was not already written into this state's constitution (I am in fact not sure if it is or not), would the city councilman be justified in attempting to ban guns? I just ask because the idea that the Bill of Rights as set forth in the Constitution applies to the states is a relatively new one (the "incorporation doctrine"), starting only after the 1890s. The Supreme Court justified this new interpretation with the due process clause.
I guess what I'm trying to get at here is that the only thing saying that states are not allowed to infringe on rights as enumerated in the Bill of Rights is some rather loose judicial interpretation. Just curious what strict constitutionalists think of this conundrum.