Will the Supreme Court Incorporate the Second Amendment and Restore the Privileges or Immunities Clause?


Following up on Brian Doherty's post about today's huge announcement that the Supreme Court will hear arguments in McDonald v. Chicago, it's also worth noting that the Court will not only decide whether the Second Amendment applies to the states, but whether that application occurs via the Due Process Clause or the Privileges or Immunities Clause of the 14th Amendment. This matters because restoring the Privileges or Immunities Clause has the potential to secure not just gun rights, but economic liberty as well. Remember that the Privileges or Immunities Clause, which the Supreme Court gutted in 1873, was designed to enshrine the free labor philosophy of the anti-slavery movement and to protect substantive individual rights—including the Bill of Rights—from state abuse. For the full story behind that, see here and here.