Two-Thirds Of States Support Second Amendment Incorporation : Black Bear Blog
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Two-Thirds Of States Support Second Amendment Incorporation

July 14, 2009


The NRA is declaring that two-thirds of the state attorneys general have signed an amicus brief in support of the U.S. Supreme Court hearing the case of NRA v. Chicago. In that case, the NRA contends that the Seventh District Court of Appeals erred in its declaration that the Second Amendment does not apply to states and cities; that those entities can create their own gun laws by disregarding the Second Amendment. (This is the same position that Obama’s Supreme Court appointee, Sonia Sotomayor has taken.)

The NRA believes that the Seventh District should have ruled as did the Ninth District recently in California saying that the “Due Process” clause of the Fourteenth Amendment incorporates the Second Amendment, therefore forcing the states to apply the Second Amendment and not create gun laws that supersede federal law.

Tom Remington

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4 Responses to “Two-Thirds Of States Support Second Amendment Incorporation”

  1. jes on July 14th, 2009 8:04 pm

    If I’m reading you right, Sotomayor’s position is in opposition to the NRA’s…that is correct. The NRA wants to apply the 2nd amendment to all the states, thus evoking the 14th amendment’s clause which applies to ALL the states….Just how the SCOTUS can exempt any states from the basic rights which we are guaranteed under the constitution, is all but impossible for Americans to conceive of….(kind of like letting some states impose slavery, but not others…)

  2. Tom Remington on July 14th, 2009 9:12 pm

    From what I gather, Sotomayor is treading a lot of water right now. However, I don’t see this in any way keeping her from getting the nod to be the next justice. The Dems and Obama could care less about our Constitution or the rights of the people.
    Tonight when I listened in to the tele-townhall with Sen. Demint and Ed Meese, both men acknowledged that Congress is making laws outside the Constitution faster than at any time in history. Ed Meese said we need to overturn laws made that are against the Constitution. I’d like for that to happen but I don’t see it happening anytime soon, if at all.
    Jim Demint said that this will continue until the people wake up and say, “I’ve had enough”.
    I understand your lack of being able to conceive that any judge or justice stepping outside the rule of law, in this case the Second Amendment right to keep and bear arms, but our courts have brazenly been doing it for a long time while Americans sit back more concerned about Michael Jackson and what will happen to his kids than what is happening to this country.
    We are responsible for all this to some degree. We elect those who make the laws and the president who appoints federal judges. As long as we are more interested in fulfilling some idealistic diversity sweepstakes to see if we can elect the first black, first female, first Hispanic, first gay or whatever, instead of wanting the most qualified, not much will change.
    I believe that Obama has selected a woman to fill the position of SC Justice because she most closely follows his political and personal beliefs about this country and both share a common disregard for our Constitution.

  3. jes on July 15th, 2009 8:10 am

    We don’t have that much to bitch about, now, unless one of the more conservative judges falls ill or resigns….Personally, unless there is more than just criticism, I think we as conservatives are falling into the same pit as the liberals like to get in when they start their “inquisitions” of the SCOTUS nominees….For instance, the degrading characterizations they portrayed of justice Thomas, back during his nomination…I haven’t seen that so far, but neither would I like to see it…There’s nothing to stop the nomination, unless something gets brought to light that no one has seen before…But, it least it gives an opportunity for presenting any facts that haven’t been brought to light. Facts that could conceivably get swept under the table, otherwise.

  4. jes on July 15th, 2009 5:43 pm

    If and/or when this issue goes before the SCOTUS, and the chances are, it will….I will expect the same majority of conservative “jurists” will decide in it’s favor, and if that is the case, you will begin to see the rights of the 2nd amendment begin to work it’s way through the court system, thanks to the NRA, and similar organizations…

    If I were you, I’d thank my attorney general for signing the “AMICUS” brief, if he is one of the following attorney generals…(if he isn’t, find out why)

    EDMUND G. BROWN JR.
    Attorney General of California

    THURBERT E. BAKER
    Attorney General of Georgia

    TROY KING
    Attorney General of Alabama

    DANIEL S. SULLIVAN
    Attorney General of Alaska

    DUSTIN MCDANIEL
    Attorney General of Arkansas

    JOHN W. SUTHERS
    Attorney General of Colorado

    BILL MCCOLLUM
    Attorney General of Florida

    LAWRENCE G. WASDEN
    Attorney General of Idaho

    GREGORY F. ZOELLER
    Attorney General of Indiana

    STEVE SIX
    Attorney General of Kansas

    JACK CONWAY
    Attorney General of the Commonwealth of Kentucky

    JAMES D. “BUDDY” CALDWELL
    Attorney General of Louisiana

    JANET T. MILLS
    Attorney General of Maine

    MICHAEL A. COX
    Attorney General of Michigan

    LORI SWANSON
    Attorney General of Minnesota

    JIM HOOD
    Attorney General of Mississippi

    CHRIS KOSTER
    Attorney General of Missouri

    STEVE BULLOCK
    Attorney General of Montana

    JON BRUNING
    Attorney General of Nebraska

    KELLY A. AYOTTE
    Attorney General of New Hampshire

    GARY K. KING
    Attorney General of New Mexico

    ROY COOPER
    Attorney General of North Carolina

    WAYNE STENEHJEM
    Attorney General of North Dakota

    RICHARD CORDRAY
    Attorney General of Ohio

    W.A. DREW EDMONDSON
    Attorney General of Oklahoma

    THOMAS W. CORBETT, JR.
    Attorney General of Pennsylvania

    HENRY MCMASTER
    Attorney General of South Carolina

    LAWRENCE E. LONG
    Attorney General of South Dakota

    MARK L. SHURTLEFF
    Attorney General of Utah

    WILLIAM C. MIMS
    Attorney General of Virginia

    ROBERT M. MCKENNA
    Attorney General of Washington

    DARRELL V. MCGRAW, JR.
    Attorney General of West Virginia

    BRUCE A. SALZBURG
    Attorney General of Wyoming

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