The 14th ammendments due process clause is about to make 76 year old Otis MacDonald, Antonio Scalia and the NRA come out in support of civil rights to include a woman's right to chose, marriage equality, universal comprehensive single payer healthcare and a lot of other collateral damage to conservative ideas about how far the SCOTUS is in their pocket.
The crux of the issue is whether the Second Amendment applies to states as well as the federal government. It's widely believed the five conservative SCOTUS judges will say it does. If they do it opens up much of the rest of the Bill of Rights to the same interpertation which up until now the SCOTUS has denied.
Amendment 14 - Clause 1
- All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The 2008 decision upholding the right to keep and bear arms as a constitutional privledge and immunity kept the District of Columbia from banning hanguns, but as DC is a federal district that ruling only made the privledge applicable at the federal level.
The extension of the doctrine to States and municipalities would prevent them from making local ordanances that would do things like make you check your guns at the door when you enter a saloon, or put gun locks on your rifle cabinet to keep your kids from playing with your firearms when you aren't around.
The extension of the logic to the other privledges and immunities enumerated in the bill of rights would be breathtaking.
The Bill of Rights
Amendment 1 - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
These are important limits on Congressional power which would now be extended to the states.
Amendment 2 - A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
This extension of the second ammendment to apply to states and municipalities as well as the federal government sets a standard as to what shall be meant by the rest of the bill of rights.
Amendment 3 - No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
This has been up until now the only one of the first Ten Ammendments collectively known as the Bill of Rights not to be tested
Amendment 4 - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." may be revisited.
This ammendment has in the last decade been so infringed on as to be meaningless, but if this interpretation of the Second Ammendment of the Bill of Rights is upheld many State and local rulings as to what constitutes "probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment 5 - No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
This says no person, (not no citizen) shall be deprived of life, liberty, or property, without due process of law making indefinite detention of anyone without a trial unacceptable.
Amendment 6 - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
the idea that "the accused shall enjoy the right" is limited to "criminal prosecutions" but if you have no law and thus no crime the idea of a prosecution for a legal activity invokes the first ammendment "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Amendment 7 - In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
no fact tried by a jury, shall be otherwise re-examined in any Court
Amendment 8 - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The imposition of a federal standard to State laws would mean we would no longer have inequalities in state prosecutions for things like drug possession and capital offenses.
Amendment 9 - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The idea of rights retained by the people is being expanded here to include not just their federal rights but also their state and municipal rights. Its conceivable to me that if States and municpalities can't regulate the right to keep and bear arms, then they can't regulate your right to drive, or smoke or marry what or whom you please.
Amendment 10 - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.