Constitutional Scholars/Lawyers Question

[rdc01]

Since the early 60's, almost every clause in the Bill of Rights has been incorporated (notable exceptions are the 2nd and 3rd Amendments, the grand jury indictment clause of the 5th Amendment, and the 7th Amendment).

Why doesn't the 14th amendment incorporate all of the Bill of Rights?

I incorrectly thought the Bill of Rights was the law of the land.

So my question is, will it take one more law suit to incorporate or will it take one more law suit in each state that does not have a 2nd in their Bill of Rights?

[Prototype Services]

My understanding....

The Heller decision was only for DC, but by declaring the 2nd to be an individual right, it has opened the door to challenge nearly everything. I expect most will go our way, some will not. Over the period of the next few years. It will be costly. $$$

But the suit filed on SF is to challenge their handgun ban and to incorporate the 2nd. I don't know if the suit striking down the HG ban will automatically incorp, or a different part of the suit will.

One of the small suburbs of Chicago already rolled over and will no longer enforce their ban. Wilmette? I think.

[19k40ret]

the 14th amendment does place the same restrictions on the states, at least the first eight anyway, according to congressman bingham who authored the 1st section.

also, where in the constitution does it say that an amendment is not in effect until scotus rules on its meaning. Not there! scotus has nothing to do with the amendment process.

to many citizens are ignorant of the constitution and its purpose, to give the government limited powers and in doing so protect the rights of We the people.

As to the Justices who voted against the individual right affirmed by the 2d amendment, they clearly knew that the original intent protected an individual right. the writings of the founding fathers are to numerous affirming this right to deny it. and the writing of constitional commentators such as, joseph story, st george tucker and thomas cooley, affirmed this. The opposing justices ignored the founders and substituted their own personal bias, making theirs an act of usurpation that should, but unfortunately won't, lead to their impeachment.

[torquemada055]

How can you have slaves if they are knowledgable and armed?

The powers that be want us dumbed down, ignorant and defenseless since itis easier to impose their will on the populace in those conditions.

[FAL]

The Supreme Court has been slow to incorporate all the bill of rights, and has been doing it as requested. Now that the 2nd will be coming before them again, the suits filed in San Francisco and Chicago specifically mention incorporation, so the court will have the chance to decide that once and for all. My guess is that they will incorporate it because they have to, but leave the language in about 'reasonable restrictions' without clarifying exactly what that is.

I believe the cities and states (none yet) being sued will drrrraaaaaaggggg the process out because they already know the outcome. In fact, several cities like NY and Chicago pleaded with D.C. to NOT appeal to the Supreme Court because they knew it would affect their bans also. These cities know what's coming, but they're fighting it every step of the way. Incorporation will fix that once and for all.

[brunop]

Originally posted by torquemada055
How can you have slaves if they are knowledgable and armed?

The powers that be want us dumbed down, ignorant and defenseless since itis easier to impose their will on the populace in those conditions.

True. Don't let your kids go to school unless you are checking in on what they are learning every day. Help them read a lot. Ask them important questions about your beliefs, morals, and ethics. Ask tough questions about accountability in their lives and in others'. Fight the fight - your kids are going to need all the help they can get.

Peace.

[V guy]

Logically the 1st, 2nd adn 4th was ALWAYS covered under the 14th.....only a commie moron would hold that it did not..and only because other commie morons would be upset at them if their claimed otherwise.....

The scum however had already begun to pass unconstitutional laws from the beginning of this country, after the whiskey rebellion so it was later not held to cover the scums travesties , like the Hughes dump, the Lautenberg dump, the dumps of '34, '68, etc...no court wanted to upset their brethren until now and the floodgates are opening for the constitution is clear...the amemdments are limitations against the Feds and the states.......always were and always will be...any body ever question prohibition or the amendment that gave women the vote?? This is a perfect example fo the lawyers selling out to other lawyers for generations "for the common good and peace" i.e "its for the children"

[blueyedfaler]

I am confused, what the F*&K does the 14 amend have to do with
anyone reading this forum?????? The 14th was ONLY to give
citizenship to newley freed slaves of the era nothing more!
I can not speak for anyone but myself, as for me I have ALL
God given rights and will never settle for less.

[tuck0411]

My brief understanding of the 14th Amendment's relation to the Bill of Rights mainly comes from Wikipedia, which says:

"Prior to the adoption of this Amendment, the Bill of Rights had been held by the Supreme Court to not apply to the States.[9] While many states modeled their constitutions and laws after the United States Constitution and federal laws, those state constitutions did not necessarily include provisions comparable to the Bill of Rights. According to some commentators, the framers and early supporters of the Fourteenth Amendment believed that it would ensure that the states would be required to recognize the individual rights the federal government was already required to respect in the Bill of Rights and in other constitutional provisions..."

Since the 14th was added, some but not all of the Bill of Rights have been "incorporated" to apply to the states by various SCOTUS decisions. Thus far, the 2nd Amendment has not been incorporated by a decision, but that seems like it will be coming fairly shortly.

Wikipedia (http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion)

Can't make the wikipedia link work for some reason, but just go there and search for "14th Amendment" and you'll find it.