AGs File Amicus Curiae Brief Seeking Incorporation--NRA

[falcon1]

Two-thirds of State Attorneys General File Amicus Brief Supporting Second Amendment Incorporation

Tuesday, July 07, 2009

Fairfax, Va. – Two-thirds of the nation’s attorneys general have filed an amicus brief asking the U.S. Supreme Court to grant certiorari in the case of NRA v. Chicago and hold that the Second Amendment applies to state and local governments through the Due Process Clause of the Fourteenth Amendment. This bi-partisan group of 33 attorneys general, along with the Attorney General of California in a separate filing, agrees with the NRA’s position that the Second Amendment protects a fundamental individual right to keep and bear arms in the home for self-defense, disagreeing with the decision recently issued by a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

See remainder of the story here:
http://www.nraila.org/News/Read/NewsRel ... x?ID=12654

California's AG is filing a separate brief also supporting incorporation:



Needless to say, Tennessee's Attorney General is not one of the signatories.

[redbarron06]

Ok question for the legaly smart guys.

In the Consitution it states "The Constitution is the supreme law of the land" Now that being said, means that it, and all ammendments, apply everywhere in the land. So why is it that 2A needs to be incorporated? Why did any of the ammendments need to be? Why wasnt 2A incorporated when the rest of them were?

[johnharris]

I fundamentally oppose the incorporation doctrine as to any constitutional provisions that do not clearly state that they apply to the states. Why? Generally,the incorporation doctrine - which is fabricated by the courts on an issue by issue basis - erodes the concept that states are sovereign except to the extent that the states have clearly and expressly delegated enumerated authority to the federal government.

The incorporation doctrine is the proverbial nose of the camel and the 1st hump is already in sight.

[falcon1]

[johnharris]