Law and Justice with Antonin Scalia Chapter 4 of 5 Uncommon Knowledge on National Review Online

[BOOLsheet]

scalia will not apply the 2nd amendment to the states as an originalist.

[MrWsad]

@BOOLsheet he already did...

[MrWsad]

@BOOLsheet He said Chicago's ban on weapons is uncostitutional because of 2nd amendment.

[sealhunta]

i wonder if scalia would be fore incorporating the 2nd amendment only to the states and no other ones?

[SlantRight]

No other what?

[sealhunta]

right now the 1st amendment and other ademendments are incorporated to the states from past supream court rulings. Scalia just said he is against incorporation (but also wants to follow stare decises unless it is extrmea liek roe v. wade)

[sealhunta]

Scalia is a gun user and likes the 2nd amendment so we know he doesn`t like incorporation but since other amendments are incorporated i wonder if he would be willing to incorporate the 2nd. In heller vs. d.c. he decided to leave the question of incorporation open as opposed to saying that it wasn`t incorporated (probably because there was not 5 votes to do so)

[SlantRight]

sealhunta I only have a cursory knowledge of Constitutional law. So explain what you mean about incorporation as it applies from the Federal govt. to the States.

[smmclaug75]

@sealhunta He disfavors the incorporation doctrine in general, but he has publicly said that he is willing to abide by the doctrine because of stare decisis, but that he would not incorporate random non-enumerated "rights" that had no basis in the Constitution. But in answer to your question, my guess is that he would not wish to "incorporate" the 2nd Amendment any more than he would the 1st or the 5th.

[calimar28]

brilliant and fascinating..thanks for posting

[weaselese]

Referring to his notion of the dead Constitution, Justice Scalia once said, that didnt work, so I invented enduring Constitution, and he went on, Packaging is everything. :)

This is a fascinating and an enlightening interview. Everyone should watch this interview.