oralloy wrote:Onward to Chicago and Fourteenth Amendment incorporation!
In theory, this ruling cannot extend so far as to limit the powers
of the States, because no state law is before the court; hence
: Chicago.
We gotta admit that.
HOWEVER, in GIDEON v. WAINWRIGHT (1963) 372 US 335
the US Supreme Court held that:
" this Court has looked to the
FUNDAMENTAL nature of original Bill of Rights
guarantees to decide whether the Fourteenth Amendment makes
them obligatory on the States. " [ emphasis added by David ]
In PLANNED PARENTHOOD v. CASEY (1992) 112 S.Ct. 2791 (P. 28O5)
the Supreme Court held that:
"
All fundamental rights comprised within the term liberty are protected
by the federal Constitution from invasion by the states " [ emphasis added by David ]
therefore,
if the USSC holds that the right to keep and bear arms
is a
FUNDAMENTAL RIGHT, then it can be deemed to extend
immunity
from gun control laws to each citizen and to every citizen anywhere and everywhere in America.
It depends on how the USSC chooses to look at it and what its decision says.
David