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Originally Posted by dksuddeth
Is the 2nd Amendment an individual right protected by the US constitution? why would we not enforce the constitution against every state that asked for admission in to the union? or were you a big fan of selective incorporation as it started out?
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If I remember correctly, you were not happy with the outcome of DC v. Heller because Scalia wrote that the Second Amendment has limits:
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Originally Posted by Scalia, District of Columbia v. Heller
[L]ike most rights, the Second Amendment is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.
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The decision essentially provided precedent that establishes that while gun bans and trigger locks are unconstitutional, gun control laws are not necessarily. Based on this decision, your argument that gun control is unconstitutional is unfounded.
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Originally Posted by samcol
Is that just devil advocate? Because I'm pretty sure I've brought up the idea of different states having seperate policies for things like health care, gay marriade, social welfare programs instead of broad stroke federal laws. The difference is I guess that the definition of the 2nd amendment makes it nationwide IMO, where as the others aren't expresslly delegated to federal government thus reserving them to the states.
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I'm okay with state level health care, gay marriage, and social welfare, though there's less administrative costs for them when they're federal.
I'm half playing devil's advocate. While I don't buy into the "everything should be run at a state level" libertarian/conservative ideology, I do have a problem with having no gun control and I'll fight it with whatever ideological argument is handy. I want gun control laws in California.