McDonald vs Chicago and why it is so huge. - REOIV.com
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McDonald vs Chicago and why it is so huge.

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This case is going to be argued before the Supreme Court March 2nd, 2010 and the ramifications of what is being discussed are huge.  Basically everyone expects the court to incorporate the 2nd amendment but what is at stake here is how they do it.

If they use due process for incorporation, it just means that states can't have more restrictive gun laws than the federal government.

If they use [privileges and immunities for incorporation it would overturn literally hundreds of years of what many legal scholars deem as bad legal precedent. It would be a huge legal upset that would rock our current case law to the core. All the bill of rights would be incorporated. Though this means you can request a jury trial for something trivial and the state would have to honor it or dismiss the case. Meaning huge back logs as finding a jury trial for every issued parking ticket is almost impossible. They'd have to dismiss the case because you wouldn't have a speedy trial at that point. Though would it be so bad that we'd get rid of so many piddly do nothing laws?

I'm very excited and plan to listen to the case as it is argued live next Tuesday.

If it is like the Heller case we'll have Supreme court decision some time this summer.
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sent in by: reoiv


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