Looks like Minnesota is going nuts with firearms restrictions.
https://youtu.be/Am3uuv2gUkE

The result of our Republican party’s ineptitude, coupled with the metro dominating government.

This is the democrats controlling the house, senate, and governor’s branch (and since we elect justices to the Supreme Court here, probably that as well, although that is officially nonpartisan.

This is why substantive due process rights as protection against state action is so important.

Of course, this legislative action is no different than 18th Century understanding of the Second Amendment snd Federalism being played out as demonstrated by at least 5 S. Ct. cases prior to Heller and its lineage.

Kind of what the Right wanted to happen with Abortion rights. The whole Turk it back to the states, local problems with local solutions, or if you do not like it move.

The Language in Dobbs placed the Incorporation of every Federal Right in jeopardy. One day, the majority will flip. Only Judicial Restraint will prevent a new case citing Dobbs overturning the Incorporation of the 2nd Amendment against state legislators.

I disagree with removing either as Federally protected rights. Yet, one must realize this is no different than what the Right did with abortion.

Again, as I have demonstrated with over one hundred years of case law, the Bill of Rights was not intended to act as a limitation upon state legislative action in general and firearms specifically.

This would be the result if we were to return to a pre Incorporation and pre Fundamental Rights Doctrines concerning the Bill of Rights.

We would all be at the mercy of our controlling state party limited only by what we could get passed as a State Bill of Rights, State Constitution, or a Fed Amendment so applying the Bill of Rights. That is Original Intent of the Founders.

I am glad we do not live in that world anymore that places us entirely at the mercy of the state controlling party. We use to do live. Some here claim they want to go back to that.

I will be interested to see what survived Fed Court review from this state legislative action.

Now, the promise of the 14th Amendment may have been to apply the Bill of Rights to the states. However, that contention was straggled in the crib by the Slaughterhouse cases.

I like this guy, but I want to know where I apply for a permit to be Catholic, where I apply for a permit to not be subject to unreasonable search and seizure, a permit to not be subject to self incrimination, etc. I think we need a new federal agency to administer all these permits to secure our Constitutional rights -- don't you?

Oh, but that would be racist, because minorities would not be able to cover the costs to get all these permits to secure the rights that were guaranteed by the Constitution and Bill of Rights. Slight problem.

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need a new federal agency to administer all these permits to secure

I agree with you Lavaca on this issue. That is why I am not an Originalist and believe so strongly in the in the Incorporation Doctrine. However, that does not change that the Bill of Rights was not intended to prevent a State legislature from doing anything.

That is why we had state churches after the Constitution was ratified, and Thomas Jefferson supported. So, yes you had to pay a tax in some states to the state church regardless of your personal denomination.


Some of this bill may survive. I doubt all of it Will because of the lineage of Heller.

However, our precious 2nd Amendment was never intended to keep our state legislatures from doing anything.

What changed was 3 Supreme Court Doctrines that overturned over 200 years of original intent: Fundamental Rights were developed to get around those opinions cumulating in the Slaughterhouse Cases, Incorporation Doctrine of substantive due process rights based on three tiers of scrutiny through the 14th Amendment.

Abortion was a Federally Protected Right much longer than an individual’s right to possess firearms for self defense. The Right cannot have it one way on abortion and another on firearms. Dobbs and Justice Breyer are the play book for overturning the Federal Right are the framework to return the 2nd Amendment to the States or removing the Federal Right; just as the Founders intended.

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The Right cannot have it one way on abortion and another on firearms.

I believe they can as the fundamentals of the thesis of each subject matter are as different as the Sahara is to Antartica.

However, Joshua your points on the Incorporation Doctrine are duly noted and your discussions of it have educated me much. I am more intelligent from reading your arguments.

Except; your right (2nd Amendment) was specifically excluded by the Supreme Court as a limitation upon the States in the 1870s.

And was the last of these “discovered Federal Rights” to be so incorporated.

There is a 3part test for when a right is deemed Fundamental. All Fundamental Rights receive strict scrutiny through the 14th Amendment.

If one wants to be a true Originalist, then you have to return all Fed Rights including the ones you like most obviously 4th, 1st, 2nd, 8th Amendments, pick what you like to the state legislatures.

I strongly oppose that. That is why I am not an Originalist.

If, If folks will read them. I will post all the cases I have previously again.

Oh, if someone wants to take the position that only the Bill of Rights or Amendments to the Constitution should be Incorporated against the states, that is a fair, but not legally accurate, position.