Quote:
Originally Posted by Pressing-On
I understand your point #1.
What is confusing is that after the 14th Amendment was implemented, the 2nd Amendment and Bill of Rights, on the Federal level, would then be incorporated into state's rights.
What I am understanding is that the courts are weighing in which rights are fundamental to the states? Why doesn't the 15th make ALL fundamental? And didn't the 9th Circuit say that the 2nd Amendment was fundamental to state's rights?
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The 15th was the right to vote regardless of race, that just gave Congress power to create legislation to enforce that right.
What the 9th Cir. says is only persuasive authority for the other Circuits not mandatory. Circuits are often split on how the interpret laws. Then the Supreme Court at some point accepts cert and then they all have to follow the SC precedent. But one Circuit cannot bind another Circuit
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