Who “incorporated” the Second Amendment?

There is something so far-fetched and so extravagant in the idea of danger to liberty from the militia, that one is at a loss whether to treat it with gravity or with raillery; whether to consider it as a mere trial of skill, like the paradoxes of rhetoricians; as a disingenuous artifice to instil prejudices at any price; or as the serious offspring of political fanaticism. Where in the name of common-sense, are our fears to end if we may not trust our sons, our brothers, our neighbors, our fellow-citizens? What shadow of danger can there be from men who are daily mingling with the rest of their countrymen and who participate with them in the same feelings, sentiments, habits and interests? What reasonable cause of apprehension can be inferred from a power in the Union to prescribe regulations for the militia, and to command its services when necessary, while the particular States are to have the sole and exclusive appointment of the officers?—Federalist Paper No. 29

Despite the Brady Bunch’s downplay in the case of McDonald v. Chicago, the case will have some impact on the ability of States and cities to restrict or eliminate the right to bear arms. The Wall Street Journal wrote, “The Supreme Court seemed likely to rule for the first time that gun possession is fundamental to American freedom, a move that would give federal judges power to strike down state and local weapons laws for infringing on Second Amendment rights.”

Bloomberg printed an editorial—I’m not sure if it was for a practical joke—by Ann Woolner entitled “Give Us a Right to Be Free of Those Who Bear Arms.” This is not the blonde Republican on Fox News.

Her opinion is, “In my home state, Georgia lawmakers are pushing a bill that would welcome handguns into bars and houses of worship, onto college campuses and state playgrounds. Subways would be fine places to bring your firearms, as would the world’s busiest airport, Atlanta’s. Political rallies, too.

“Chicago’s looking better to me all the time.”

A Wall Street Journal Article contained the interesting observation that, “In oral argument yesterday, the Justices seemed afraid of the plain language of the Constitution.” In fact, everyone at the time of the ratification of the Constitution,which “incorporated” the Second Amendment as part of the Bill of Rights, knew exactly what the Second Amendment meant. If they did not, they only had to read that Federalist Papers which many in Congress, such as Shella Jackson-Lee, pretend to have done.

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This entry was posted in Bill of Rights, Constitution, Second Amendment, State of the Union, Supreme Court and tagged , , , , . Bookmark the permalink.

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