14 October 2009

McDonald v Chicago

I find it interesting that people are so interested in seeing the Second Amendment "incorporated" against the states.

The problem is that the Second Amendment was to counter Federal tyranny and guarantee the state's rights. The history and Framers’ intent concerning the Second Amendment suggest that it was ratified as a means to protect the states from federal encroachment, to limit the states would be contrary to the Amendment’s original purpose. Thus, regardless of the right’s force as applied to federal law, those determining whether the Second Amendment should be incorporated must consider and reconcile the right’s federalist history.

I guess that's why this quote isn't used too much these days.

When this power is given up to Congress without limitation or bounds, how will your militia be armed? You trust to chance; for sure I am that nation which shall trust its liberties in other hands cannot long exist.
Patrick Henry, The Debates in the Several State Conventions on the Adoption of the Federal
Constitution (3 Elliot's Debates 384-7), Virginia, Saturday, June 14, 1788.

Of course, those who find Heller was correctly decided should have no problem with yet another erosion of their rights.