The other eight justices argued whether that right was fundamental enough to apply to the states under the 14th Amendment's guarantee of "due process of law." Since the 1940s the justices have been arguing whether various federal rights were fundamental enough to apply to the states under this clause. In McDonald, four justices argued that the Second Amendment was fundamental to the states, and four disagreed.
Thomas, writing separately, declined to apply the due process clause. Rather he argued that the Second Amendment applied to the states because the right to keep and bear arms under the 14th Amendment's command that "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."
"The penalty good men pay for indifference to public affairs is to be ruled by evil men." - Plato
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Wednesday, July 07, 2010
Justice Thomas's Finest Hour
That simple minded racist Harry Reid probably finds fault with it, but Michael Barone hails Justice Clarence Thomas's opinion on the Second Amendment.
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