The Question Presented in McDonald v. Chicago is:
“Whether the Second Amendment is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so as to be applicable to the States, thereby invalidating ordinances prohibiting possession of handguns in the home.”
This is HUGE!
Alan Gura for the Petitioner, as well as several of the leading Amici have all briefed about the Privileges or Immunities Clause. That the Justices framed the question to inquire about incorporation through the Due Process Clause or the Privileges or Immunities Clause is breathtaking (well to me at least).
Nascent followers of the blog will remember some of my more recent posts on P/I in the context of the 2nd Amendment and the future of the Constitution in 2020.
This question presented will make my work in progress, Opening Pandora’s Box. The Privileges or Immunities Clause and the Constitution in 2020, all the more relevant prior to this case being argued.
Update: I will be attending the Constitution in 2020 Conference in New Haven. If they don’t discuss P/I in light of the 2nd Amendment, I will be sure to ask. Stay tuned for my live blogs.
Update Again: I just saw the link from Instapundit! Thanks for the link!
Update Again (at 1:30 EST). I launched this blog less than 24 hours ago, and I have already received 1,200 hits from Instapundit. This is a real Instalanche! Please help spread the word about my fledgling blog; add me to your RSS Feed, follow me on Twitter, check me out on Facebook, and peruse my published articles on SSRN. Thanks!
Update Again (at 3:53 EST). Just hit 1600 hits! Please also see my new post discussing an ensuing debate over the Privileges or Immunities clause in the comment thread of the Volokh Conspiracy. This issue is just heating up. The oven at this blog has already been preheated. Thanks!