A plea about "Heller"

[Gerber, Scott]

Eugene's post raises a question in my mind.  What would be the argument _against_ incorporating the Second Amendment?
Scott
 
*****************************
Scott Douglas Gerber
Professor of Law
Ohio Northern University
Ada, OH 45810
419-772-2219
http://www.law.onu.edu/faculty_staff/faculty_profiles/scottgerber.html
http://upress.kent.edu/books/Gerber_S.htm

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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
and Heller.

        Eugene
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