With its decision in Nordyke v. King last week, in which the recent Supreme Court Heller decision was applied to state law, the Ninth U.S. Circuit Court of Appeals took another step down the long road of “incorporating” the Bill of Rights into the Fourteenth Amendment’s Due Process Clause. In doing so, it continued down the path toward completely inverting the model of government to which The People agreed when they ratified the Constitution.Would the decision work for the benefit of Californians? (Or people living in New York or Illinois?) If California were to somehow ban the sale of guns I would consider leaving the state. But if the 'majority' want a state where this is the norm, shouldn't they be allowed to make that decision? (Even if it goes against the Anglo-American political tradition. It's not like California is an outstanding example of a state that bears this heritage.)
Wednesday, April 29, 2009
Kevin R. C. Gutzman, A Dubious Victory
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