Monday, April 20, 2009

2nd Amendment, Inc.

Tying up loose ends left unresolved since the Cruikshank decision (1876), the 9th circuit appellate court has (Wisely) ruled in favor of the incorporation of the Second Amendment pursuant to the 14th Amendment (I.e. 2nd Amendment protections on a state level).

"We therefore conclude that the right to keep and bear arms is “deeply rooted in this Nation’s history and tradition.” Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the “true palladium of liberty.” Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later. The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited."

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