2nd Amendment Focus on States’ Rights
In “2nd Amendment Rights” (letter, June 4) the writer asserted, “You can’t have it both ways, assigning individual rights in all cases except the 2nd Amendment.” Well, actually you can, according to the U.S. Supreme Court.
Most laymen seem unaware that the Bill of Rights has never automatically been applied in whole as limiting state law. Of the three categories of fundamental constitutional rights, one consists of those rights delineated in the Bill of Rights that the Supreme Court has held to be incorporated in the 14th Amendment’s due process clause, thus controlling federal and state law.
The 2nd Amendment is one of only two provisions in the Bill of Rights that the Supreme Court has not ruled to be incorporated in the 14th Amendment; hence, states can enact whatever gun control laws they like as long as they do not exceed the limits, if any, of their respective state constitutions. The Supreme Court’s position on this issue has been consistent throughout our history, regardless of the philosophical composition of the court’s membership.
No matter how one views the meaning of the 2nd Amendment, it must always be remembered that no constitutional right, fundamental or not, is absolute. Even the fundamental right of free speech can be restricted when its exercise will endanger others.
Robert J. Switzer
Attorney, West Hollywood
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