Originally Posted by RaySendero
The OP asked how to explain the 2A - I did that.
You are wrong. The BOR was intended for all Citizens - both collectively and individually. The rights were not to be infringed by any government body in the US. You are repeating the current PC lawyer junk that opponents want you to think.
For instant - If state and local governments can deny you your 2A - They can deny you your 1A rights. I thnik not - Its not a double standard. But in practice, both state and local governments have infringed on these rights and we've let!!!
"I hope, therefore, a bill of rights will be formed to guard the people against the federal government as they are already guarded against their State governments, in most instances." --Thomas Jefferson to James Madison, 1788
"The jealousy of the subordinate governments is a precious reliance. But observe that those governments are only agents. They must have principles furnished them whereon to found their opposition. The declaration of rights will be the text whereby they will try all the acts of the federal government. In this view, it is necessary to the federal government also; as by the same text, they may try the opposition of the subordinate governments." --Thomas Jefferson to James Madison, 1789
You might want to set Mr. Jefferson right because he's obviously wrong according to you.
The Constitution pertains to the Federal
government, not state governments.
"Madison also proposed three restrictions on the states: 'No state shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases.' It is interesting to speculate that Madison may have considered these three the most critical rights. These restrictions were not approved by Congress, and thus the Bill of Rights in its original intent was to restrict only the federal government. Eventually more extensive restrictions were imposed on the states by the 14th amendment and its interpretation by the Supreme Court" (Source
I encourage you to read up on incorporation
and how most certainly not everything in the BoR is incorporated against state and local governments.
While it is agreed that unalienable rights are unalienable rights and that no
government may infringe on them, the purpose and intent of the BoR was to limit the power of the central federal government.
You may argue that 14A automatically incorporates the BoR against lesser governments, but the SCOTUS doesn't see things that way.SCOTUS ruling in 1833
The provision in the Fifth Amendment to the Constitution of the United States declaring that private property shall not be taken for public use without just compensation is intended solely as a limitation on the exercise of power by the Government of the United States, and is not applicable to the legislation of the States.
The Constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of individual States. Each State established a constitution for itself, and in that constitution provided such limitations and restrictions on the powers of its particular government as its judgment dictated. The people of the United States framed such a government for the United States as they supposed best adapted to their situation, and best calculated to promote their interests. The powers they conferred on this government were to be exercised by itself, and the limitations on power, if expressed in general terms, are naturally and necessarily applicable to the government created by the instrument. They are limitations of power granted in the instrument itself, not of distinct governments framed by different persons and for different purposes.