You Deserve A Break

Here's a case worth watching--McDonald v. Chicago. It's a challenge to a handgun ban, with petitioners arguing for the Second Amendment to be incorporated to the states. (Last year's Heller case was about the District of Columbia.) That's certainly a big deal, but there's a lot more at stake here.

The Supreme Court is considering overturning the Slaughter-House Cases. We're taking about precedent from the 1870s. Back then, the Supreme Court had a limited view of the 14th Amendment and declared its Privileges or Immunities Clause didn't apply the Bill of Rights to the states. Only much later, through selective incorporation, was the Court able to apply the supposedly fundamental parts of the Bill of Rights to the states.

I think the original decision was wrong and the later incorporation doctrine was a cheap way to do what should have been done with the P or I clause. But I can't imagine the Court is ready to overturn such ancient precedent. If it is overturned, it could mean a lot more than just the Second Amendment applies to the states.