The potential applicability of the Heller decision to the states has raised
a lot  of interest in incorporation and also the 14th Amends P&I clause.

The linked document from the Constitutional Accountability Center argues,
that the P&I clause makes  all of the BofR applicable against the states. (I
also believe they  have filed a brief in McDonald v. Chicago).  I agree with
their argument on that point, but am not sure about their arguments about
substantive due process. It's a worthwhile read.

 

http://www.theusconstitution.org/upload/pages/reports/10_Gem_of_the_Constitu
tion.pdf

 

Ray Kessler

Prof. of  Criminal Justice

Sul Ross State Univ.

 

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