Monday, April 20, 2009

Celebrate -- 2nd Amendment Incorporation

Just about everyone else has this, but I was alerted though JDBerger at OneUtah.


JD, bless his/her heart is an expert at succinct statements:

[12] We therefore conclude that the right to keep and bear
arms is “deeply rooted in this Nation’s history and tradition.”
Colonial revolutionaries, the Founders, and a host of commentators
and lawmakers living during the first one hundred
years of the Republic all insisted on the fundamental nature
of the right. It has long been regarded as the “true palladium
of liberty.” Colonists relied on it to assert and to win their
independence, and the victorious Union sought to prevent a
recalcitrant South from abridging it less than a century later.
The crucial role this deeply rooted right has played in our
birth and history compels us to recognize that it is indeed fundamental,
that it is necessary to the Anglo-American conception
of ordered liberty that we have inherited.17 We are
therefore persuaded that the Due Process Clause of the Fourteenth
Amendment incorporates the Second Amendment and
applies it against the states and local governments.18

Nordyke v. King (2009)

Woo0Hoo!


2 comments:

jdberger said...

I was fortunate to chat with the lawyer on this one. He was thrilled and already plotting the next steps.

Keep in mind that the 9th Circuit only covers the Western US. That's 10 jurisdictions.

Anyway - we...are...winning.

Bob S. said...

Great news indeed.

Thanks for the tip on this. It is true we are winning.

There are fewer and fewer legal hurdles for people to overcome each day.

I understand this case only covers the Western US, but I also know the importance of developing a base of case law that other courts can reference. Makes over turning Heller harder if they have to go against stare decisis.

Thanks for stopping by, JD.

Also, if you want to write something up and have me post it for you, I would be glad to do that.