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Originally Posted by Beemnseven
Well, the 14th amendment incorporated the Bill of Rights to apply to the states. So technically, the idea of "states rights" were thrown out the window around April of 1861.
Personally, I prefer the idea that the states cannot abridge our freedom of religion, freedom to assemble, our freedom to own firearms, and so on. Call me crazy, but the Bill of Rights, and forcing government at the local, state, and federal levels to abide by them seems like a pretty good idea.
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It's not so simple. In interpreting the scope of the various rights conferred by the Bill of Rights (not in determining whether they even apply), the more conservative justices tend to defer to the states' "reasonable" restrictions on individual liberties. For example, conservative justices tend to grant the states broad rights to impose restrictions on free speech (e.g., porn). They just subscribe to a different philosophy when passing judgment on 2nd Amendment issues.