Moments ago the SCOTUS (Supreme Court Of The United States) announced that in the McDonald v Chicago case, the 2nd Amendment IS incorporated via the 14th Amendment. State and Local governments ARE now clearly subject to the 2nd Amendment.
It seems that 4 of the 5 Justices on the majority felt it is through the Due Process clause…
nor shall any State deprive any person of life, liberty, or property, without due process of law
Justice Thomas – however – felt it should be via the Privileges or Immunities clause…
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
That would indeed have been a stronger statement – and may yet come back to haunt this nation, in that now it looks like the P or I clause is pretty much neutered. However, this was a victory.
The Right Of The People To Keep And Bear Arms Shall Not Be Infringed is now CLEARLY applicable to ALL levels of government. Combined with the Heller decision, the Constitution is stronger overall this morning.
I’ll write more on this later at my other blog, blog.jamesbelljr.com.