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Politics : American Presidential Politics and foreign affairs

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To: TimF who wrote (41526)	3/1/2010 1:32:42 PM
From: DuckTapeSunroof	Read Replies (1) of 71588

... The thrust of the legal arguments in the case is over how the Supreme Court might apply the Second Amendment to states and cities. In earlier cases applying parts of the Bill of Rights to the states, the court has done so by using the due process clause of the 14th Amendment, passed in the wake of the Civil War to ensure the rights of newly freed slaves. The court also has relied on that same clause — "no state shall deprive any person of life, liberty or property without due process of law" — in cases that established a woman's right to an abortion and knocked down state laws against interracial marriage and gay sex. This is the approach the NRA favors. But many conservative and legal scholars — as well as the Chicago challengers — want the court to employ another part of the 14th amendment, forbidding a state to make or enforce any law "which shall abridge the privileges or immunities of citizens of the United States." They argue this clause was intended as a broad guarantee of the civil rights of the former slaves, but that a Supreme Court decision in 1873 effectively blocked its use. Breathing new life into the "privileges or immunities" clause might allow for new arguments to shore up other rights, including abortion and property rights, these scholars say. This approach might enable challenges to arcane state laws that limit economic competition, said Clark M. Neily III of the public interest law firm Institute for Justice. He pointed to a Louisiana law that protects existing florists by requiring a license before someone can arrange or sell flowers. The licensing exam is graded by florists, he noted. "No reasonable person thinks that law has a legitimate purpose," Neily said. But he said, "Right now, once you get a law like this on the books, it's almost impossible to get rid of." The case is McDonald v. Chicago, 08-1521. On the Net: * Brady Center to Prevent Gun Violence: bradycenter.org * National Rifle Association: home.nra.org Copyright © 2010 The Associated Press. All rights reserved. google.com

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