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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::


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    [::..archive..::]
    ::

    :: Monday, June 28, 2010 ::
    Justice Alito has written McDonald, holding that the 14th Am. makes the 2nd Am applicable to the States!

    The first part of the opinion is a scholarly overview of the Court's past practices in applying the B of R to the states (or not) under the P/I Clause and/or the Due Process Clause.

    The Court distinguishes an "individual rights" strand and a "deeply rooted in history and tradition" strand in Due Process, and locates the gun right in the former. This is truly defiant toward to Euro-progressive 'tude on guns, b/c it swats away the claim that American jurisprudence on guns is an American local peculiarity, merely part of our "culture." The Court is staking out a claim that insofar as some sector of international jurisprudence denies that the human person has an individual right to self-defense, that sector is wrong.

    :: David M. Wagner 10:12 AM [+] ::
    ...

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