NINTH CIRCUIT INCORPORATES 2nd AMENDMENT
"We must decide whether the Second Amendment prohibits a local government
from regulating gun possession on its property. [a gun show case]
"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..."
This is a HUGE FARKING DEAL. Incorporation effectively strikes down hundred
of state an local laws on gun possession (i.e., Chicago's).
The NINTH CIRCUIT! Who would have thought.
Although it was only a three-judge panel, the panel consisted of judges
appointed by Reagan, Clinton, and Carter. The chances of an en banc hearing
(full court) are thought to be nil.
Until the early part of the 20th Century, the legal position on the Bill of
Rights was that they applied ONLY to the federal government; states and
their subdivisions were free to establish a state church, ban newspapers,
search without warrants, or anything else.
Starting in 1931, the amendments of the Bill of Rights began to be
"incorporated," that is, applied to states. The first to be so applied was
Freedom of the Press, then came Freedom of Assembly in 1937.
As of today, the following parts of the Bill of Rights are NOT binding upon
the states, they have not been "incorporated."
* 2nd Amendment - Right to keep and bear arms
3rd Amendment - Quartering of soldiers in private homes
* 5th Amendment - Right to an indictment by a grand jury
7th Amendment - Right to a jury trial in civil cases
* 8th Amendment - Protection against excessive bail and excessive fines
II. 9th Circuit
The 9th Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana,
Nevada, Oregon, Washington, the U.S. Territory of Guam and the Commonwealth
of the Northern Mariana Islands) is the most liberal of the nine judicial
circuits and is responsible for more appeals and reversals than any other.
In the main, its justices are mouth-breathing knuckle-draggers. It is a
sorry collection of nit-pickers, cut-purses, athletes of the tongue,
pettifogs, and wowsers who generate ream after ream of bum-wad suitable only
for raising the eyebrows of their betters.
I have no explanation for today's decision - it is a paragon of logic and
On the other hand, the petitioner lost.
But, as one reviewer put it, "We should not cease to marvel at a flying pig
simply because he crashes on landing."