Supreme Court Ducks the 1791 vs. 1868 Second Amendment Fight—Again

Summary

The Supreme Court has once again declined to address the fundamental debate over whether the Second Amendment should be interpreted based on its 1791 ratification or the 1868 adoption of the 14th Amendment. Constitutional attorney Mark W. Smith highlighted the ongoing legal 'holdup' regarding due process versus privileges and immunities, while historical arguments from figures like William Rawle and James Madison suggest the Founders intended the Bill of Rights to apply to states prior to the 14th Amendment.