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Politics : American Presidential Politics and foreign affairs

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To: DuckTapeSunroof who wrote (41518)3/1/2010 12:25:26 PM
From: TimF  Read Replies (1) of 71588
 
My opinion is you don't need the 14th amendment in order for the 2nd to apply against state governments.

You do need it for the 1st amendment to apply, because the 1st amendment is "congress shall make no law...". State restrictions of freedom of speech, religon, etc. don't rely on congress passing a law.

But the 2nd is "shall not be infringed", not "shall not be infringed by congress", or "shall not be infringed by the federal government".

But it is also a route that could open what is invariably described as a Pandora's box of additional rights of citizenship -- health care, for instance, or housing.

The Post article fails to develop that argument.
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