Constitutional Law

NY Times on incorporation

Article here. It's ... almost balanced. Of course the problem the MSM has is that while one can give a knee-jerk label of conservative to gun rights, the opposite label attaches to incorporation.

"Incorporation fell out of favor after the 1960s, but a new generation of largely liberal scholars of law and history have brought it back into the intellectual mainstream, said Akhil Reed Amar, a law professor at Yale University, who supports the process.

?The precedents are now supportive of incorporation of nearly every provision of the Bill of Rights,? Professor Amar said. ?Now what?s odd is that the Second Amendment doesn?t apply to the states.?

Sanford Levinson, a law professor at the University of Texas, said he would be surprised if the Supreme Court accepted these gun cases, because some of the conservative justices on the court had scoffed at incorporation arguments in the past and might not want to set a precedent.

Professor Amar, however, argued that the justices would not only take up the case but would also ultimately vote for incorporation of the Second Amendment."

Full post as published by Of Arms and the Law on June 17, 2009 (boomark / email).