I’m no ConLaw expert, but AFAIK the doctrine remains that the Bill of Rights restricts primarily the federal government, save for 5A and 7A and using either clause to use 2A to override state gun control by all accounts remains a jurisprudential Faustian bargain no justices have yet been willing to make.
No, that isn’t how it works at all. That is a view before the Civil War and partially up till the 1960, but SCOTUS has made it clear. The rights are for everyone, state/federal. The states cannot violate your rights in the constitution.
One of the arguments in Miranda is that the state did not have to follow the 5th Amendment. As you can tell, that did not work as the state thought.
I’m no ConLaw expert, but AFAIK the doctrine remains that the Bill of Rights restricts primarily the federal government, save for 5A and 7A and using either clause to use 2A to override state gun control by all accounts remains a jurisprudential Faustian bargain no justices have yet been willing to make.
No, that isn’t how it works at all. That is a view before the Civil War and partially up till the 1960, but SCOTUS has made it clear. The rights are for everyone, state/federal. The states cannot violate your rights in the constitution.
One of the arguments in Miranda is that the state did not have to follow the 5th Amendment. As you can tell, that did not work as the state thought.
Hmm maybe my information is out of date or I just need to review. Which case incorporated 2A? Was it more recent than DC-Heller?