A plea about "Heller"
s-gerber at onu.edu
Tue Jul 1 14:38:51 PDT 2008
Eugene's post raises a question in my mind. What would be the argument _against_ incorporating the Second Amendment?
Scott Douglas Gerber
Professor of Law
Ohio Northern University
Ada, OH 45810
From: conlawprof-bounces at lists.ucla.edu on behalf of Volokh, Eugene
Sent: Tue 7/1/2008 4:13 PM
To: conlawprof at lists.ucla.edu
Subject: A plea about "Heller"
Folks: My apologies for being pedantic, but it strikes me as
interesting that we're now talking about what happens "after Heller" --
even before the right has been incorporated against the states -- when
at least 40 of the 50 states have individual self-defense rights to bear
arms in their state constitutions. The federal Constitution seems to
have gotten such a grip on our consciousness (even though we're
constitutional law professors) that we talk about a Second Amendment
that hasn't yet been incorporated (and might not get incorporated)
rather than the state constitutional rights that have long been the law
in most of the country. I find myself slipping into this pattern at
times as well.
Hence my plea, which I again acknowledge is a little pedantic
but which might help us shed our federal blinders: Let's talk about the
right to bear arms, state and federal, rather than the Second Amendment
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