Miranda is from the 1960’s.
Heller is fairly recent but the only reason scotus took the case is states can’t violate the amendments.
Unless you were born in the 1860’s, it’s been fairly well known that the constitution cannot be violated by states on their citizens.
Septimaeus@infosec.pub 5 months ago
Just so I’m on the same page, we’re still talking about the first 10 (not 13-15, 19, etc.) and the question is whether 2A renders state gun control unconstitutional?
wintermute_oregon@lemm.ee 5 months ago
The whole Constitution is applied to the states.
Septimaeus@infosec.pub 5 months ago
Then we need to overhaul the court systems and multiply their bureaucratic size and process to satisfy the grand jury requirement of 5A and the civil jury trial right of 7A.
And assuming 2a renders state gun control unconstitutional, I presume then we read 2A as a carte blanche guarantee to possession of these weapons to citizens.
This is what we propose, yes?
wintermute_oregon@lemm.ee 5 months ago
By default, it doesn’t render it unconsotitional. It means you can’t violate it by restricting rights.
We already meet the requirements for 5th and 7th. WHy do you think plea bargains are so popular?