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Cato Podcast

Incorporating the Second Amendment

Cato Podcast

Cato Institute

Cato, Peace, Policy, Politics, Markets, Defense, Government, News, News Commentary, 424708, Immigration, Libertarian

4.5979 Ratings

🗓️ 22 June 2010

⏱️ 10 minutes

🧾️ Download transcript

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Transcript

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0:00.0

This is the Cato Daily Podcast for Tuesday, June 22nd, 2010.

0:06.0

I'm Caleb Brown.

0:07.1

The Supreme Court is poised to put some meat on the bones of the Heller decision

0:11.2

in which the court found that the second amendment does

0:13.4

contain an individual right to keep and bear arms and once the right is

0:17.5

incorporated against the states it may not be a slam dunk that the highest

0:21.4

level of judicial review should apply.

0:24.2

So says David Koppel, associate policy analyst at the Cato Institute.

0:28.4

The Heller decision was about the handgun ban in the District of Columbia.

0:33.4

The D.C. City Council's powers are exclusively grants from Congress,

0:38.6

according to our Constitution.

0:40.4

So Heller was about whether the Second Amendment was meaningful at all, but Heller decided only that the Second Amendment was a limit on the Federal Government directly, as every portion of the Bill of Rights is.

0:53.0

McDonald asks the question,

0:56.0

does the Second Amendment apply to the state and local governments

1:01.0

via the Due Process Clause of the 14th Amendment, as almost all of the

1:05.8

rest of the Bill of Rights has been held to so apply.

1:09.1

So opening this issue up of the 14th Amendment,

1:13.2

it opens several other issues related

1:16.0

to how the Second Amendment may be applied

1:19.2

to under specific circumstances, times, places,

1:24.0

a broad range of issues.

1:25.7

I think one of the reasons the Supreme Court

...

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