C_Clayton_Jones
Diamond Member
In Barron v. Baltimore (1833) the Supreme Court held that the Bill of Rights applied only to the Federal government, not the states and local jurisdictions.
After the ratification of the 14th Amendment in 1868, the Court began to apply (incorporate) portions of the Bill of Rights to the states and local jurisdictions pursuant to the doctrine of substantive due process (see, for example, Chicago, Burlington & Quincy Railroad Company v. City of Chicago (1897), incorporating the Fifth Amendment’s Takings Clause to the states and local jurisdictions).
By the middle of the 20th Century, much of the Bill of Rights had been incorporated to the states: the First Amendment right to freedom of the press and freedom of speech, the Fourth Amendment prohibition of warrantless searches and seizures, the Fifth Amendment right to not self-incriminate, the Sixth Amendment right to counsel, and the Eighth Amendment prohibiting cruel and unusual punishment – save for the Second Amendment.
It wasn’t until 2010 that the Second Amendment was incorporated to the states and local jurisdictions in McDonald v. Chicago.
Prior to McDonald, the states were at complete liberty to regulate firearms as they saw fit, not subject to the authority of Federal courts; Heller applied only to the Federal government (the District of Columbia is a Federal entity).
Absent McDonald, therefore, residents of the states would have no standing to challenge state firearm regulatory measures on Second Amendment grounds, bringing an end to the evolution of Second Amendment jurisprudence.
After the ratification of the 14th Amendment in 1868, the Court began to apply (incorporate) portions of the Bill of Rights to the states and local jurisdictions pursuant to the doctrine of substantive due process (see, for example, Chicago, Burlington & Quincy Railroad Company v. City of Chicago (1897), incorporating the Fifth Amendment’s Takings Clause to the states and local jurisdictions).
By the middle of the 20th Century, much of the Bill of Rights had been incorporated to the states: the First Amendment right to freedom of the press and freedom of speech, the Fourth Amendment prohibition of warrantless searches and seizures, the Fifth Amendment right to not self-incriminate, the Sixth Amendment right to counsel, and the Eighth Amendment prohibiting cruel and unusual punishment – save for the Second Amendment.
It wasn’t until 2010 that the Second Amendment was incorporated to the states and local jurisdictions in McDonald v. Chicago.
Prior to McDonald, the states were at complete liberty to regulate firearms as they saw fit, not subject to the authority of Federal courts; Heller applied only to the Federal government (the District of Columbia is a Federal entity).
Absent McDonald, therefore, residents of the states would have no standing to challenge state firearm regulatory measures on Second Amendment grounds, bringing an end to the evolution of Second Amendment jurisprudence.