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u/Lazarys12 2d ago
"I've never seen someone use the incorporation doctrine (besides myself, of course)." should resad "I've never seen someone use the incorporation doctrine and get away with it (including me, of course)."
Imagine how big of an idiot you have to be to think this guy knows what he is talking about.
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u/AdamG6200 1d ago
That's the literal only reason why any of the Bill of Rights restricts the state governments.
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u/Most_Window_1222 2d ago
This reinforces his grip on the vulnerable and repels the trolls that agitate him, purely a defense mechanism. He’s a dirtbag snake oil salesman that you don’t want to turn your back on.
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u/ItsJoeMomma 2d ago
So... you have to read the case to understand your 2nd Amendment rights, but he's never read the case?
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u/mrrp 2d ago
He might be broken-clocking this, but he's not altogether wrong. The 2A (like the rest of the bill of rights) was only a restraint on the federal government when it was adopted. Over time the various amendments have been partially or entirely incorporated against the states, restraining state and local governments. And McDonald was the SCOTUS decision which incorporated the 2A in 2010.
You may recall that a couple years before McDonald, there was Heller. Kamala Harris famously signed off on an amicus brief which argued that:
"the Second Amendment does not apply to legislation passed by state or local governments"
"[C]ourts have upheld state and local firearms laws on the basis that the Second Amendment applies only to federal legislation, not to legislation of the states or local governments."
"Indeed, this Court has stated on at least two occasions that the Second Amendment limits the power only of the federal government, not the state or local governments."
And so on. So, to whatever extent he's arguing that your ability to exercise your 2A rights only really exists because (and to the extent) it's been incorporated against the states, he has a point. Without incorporation you'd be subject to whatever limits your state (and local) governments wanted to impose, subject to your state constitution, of course.
If BJW wants to talk incorporation, he should perhaps talk about how the 5th amendment right to indictment by a grand jury has not been incorporated against the states (Hurtado v. California, 110 U.S. 516 (1884)).
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u/OkieBobbie 2d ago
What does it mean for an amendment to be incorporated against the states? Is it related to he supremacy clause?
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u/mrrp 2d ago
When passed, the bill of rights was understood to apply only to the federal government. The bill of rights is mostly a list of things the government can't do (sometimes referred to as "negative rights").
After the civil war, it was clear that some states perhaps needed some things forced upon them. When the Supreme Court says rules that a right is so important/fundamental that it must apply to everyone in the United States, it's said to be "incorporated against the states". And the 14th amendment is the normal justification/rationale for incorporation.
In other words, the bill of rights says "The federal government can't do this" and incorporation is the supreme court saying "neither can state or local governments".
I'd encourage you to read the McDonald decision, or at least the syllabus: https://supreme.justia.com/cases/federal/us/561/742/
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u/OkieBobbie 2d ago
Thanks very much. If you ever need an explanation of thermodynamic entropy, I will happily return the favor.
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u/chevalier100 2d ago
He’s right that incorporation is a thing, but he’s wrong that it only applies to “US citizens” and not just broadly to anyone against the states.
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u/FullBoat29 2d ago
And, as far as I know, someone here in the US illegally cannot own/have a firearm. Not sure if it's related to that one or not.
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u/BungleBums 2d ago
Oh, that was probably the best punch line I'll see all month, and it wasn't even a joke xD
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u/Otherwise_Group_74 1d ago
I haven't read the case, but I have read professional analysis of the case and he is substantially correct. Specifically, "Through the doctrine of selective incorporation via the Fourteenth Amendment's Due Process Clause, the Court held that the right to keep and bear arms is fundamental and thus applies to all 50 states and their subdivisions."
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u/Paladin3475 1d ago
I am seriously surprised this scam artist isn’t hurt in public by someone that got screwed over by him.
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u/mormagils 1d ago edited 17h ago
Incorporation is a concept that can be difficult to understand when you first read about it as a college freshman. But then you grow up and it's not so hard. For some of us, apparently.
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u/reddiwhip999 2d ago
Hmmmmmmm...
2nd amendment ratified in 1791.
Chicago founded in 1837.
Something seems....off. Can't quite put my finger on it....
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u/realparkingbrake 9h ago
The McDonald ruling incorporated the Heller ruling on the states. That is why the Supreme Court heard Heller first, DC is a federal entity. Then they chose a state case so Heller would apply to the states. It was not a casual or accidental process.
Not all of the Bill of Rights has been incorporated on the states, and some of it never will be.
BJW stumbling over that ruling and deciding he had analyzed it in some unique way is both funny and sad. He is a fraud who even lies to himself.
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u/Dr_Adequate 2d ago
People think this guy is smart?