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re: The US Federal Government - It's Not Supposed to Expand Easily

Posted on 11/20/14 at 11:57 am to
Posted by Big Scrub TX
Member since Dec 2013
34344 posts
Posted on 11/20/14 at 11:57 am to
quote:

and this all goes back to the constitution. statists who want to expand government hate the constitution.


Couldn't we say the same thing about incorporation? Wasn't the clear intent of the "founding fathers" that the Constitution would only apply to the feds and not to the states? I don't see many "non-statists" clamoring to have the 2nd Amendment fully unincorporated, e.g.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
432330 posts
Posted on 11/20/14 at 12:26 pm to
quote:

Couldn't we say the same thing about incorporation?

yup

quote:

I don't see many "non-statists" clamoring to have the 2nd Amendment fully unincorporated, e.g.

in practical effects, it largely is. look at the vast difference in regs for guns in Cali/NY and LA or TX

there is not a long history of 2nd A jurisprudence regarding incorporation, and it's fairly recent
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 11/20/14 at 2:12 pm to
quote:

Couldn't we say the same thing about incorporation? Wasn't the clear intent of the "founding fathers" that the Constitution would only apply to the feds and not to the states?
Certainly, that was the clear intent of the "founding fathers." But incorporation derives from the 14th Amendment, and Black's appendix in Adamson v. California is a pretty powerful case that the legislative intent of that Congress was to incorporate the Bill of Rights.
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