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Re:US appeals court kills ban on plastic containers contamin... by tptacek on Saturday March 30, 2024 @10:48PM (#39880908)
You don't believe the argument you've made here, and have spent years making the opposite argument vis a vis incorporation. If you were right, I'd get to take your guns away.
Re:US appeals court kills ban on plastic containers contamin... by rayiner on Sunday March 31, 2024 @12:12AM (#39881370)
I pretty sure I’ve never said that state governments have any inherent limits to their police powers. I think banning guns undoubtedly is within the states’ police powers. So is banning adultery, or gambling, or eating dinner after 8 pm.

But as I said above: “Those powers are only limited if there’s a state or federal constitutional right that prohibits that exercise of general police powers.”

Vis-a-vis the comment I was responding to above, if I want to say the government can’t take my guns, I have to affirmatively point to somewhere in the federal constitution or the state constitution that says that. (Luckily for me there’s a whole amendment about guns; guns don’t even have to share an amendment with other rights, like free speech which has a bunch of roommates in the first amendment.)

I also agree that if incorporation didn’t exist, states could ban guns notwithstanding the second amendment. And incorporation may well not exist, but that’s an argument for a different day.