As always I look at Clarence Thomas’ opinions and have not found myself in disagreement.
(c) The dissents’ objections are addressed and rejected. Pp. 41–44.
JUSTICE THOMAS agreed that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms that was recog-nized in District of Columbia v. Heller, 554 U. S. ___, fully applicable to the States. However, he asserted, there is a path to this conclusion that is more straightforward and more faithful to the Second Amendment’s text and history. The Court is correct in describing the Second Amendment right as “fundamental” to the American scheme of ordered liberty, Duncan v. Louisiana, 391 U. S. 145, 149, and “deeply rooted in this Nation’s history and traditions,” Washington v. Glucksberg, 521 U. S. 702, 721. But the Fourteenth Amendment’s Due Process Clause, which speaks only to “process,” cannot imposethe type of substantive restraint on state legislation that the Court asserts. Rather, the right to keep and bear arms is enforceable against the States because it is a privilege of American citizenship recognized by §1 of the Fourteenth Amendment, which provides, inter alia: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” In inter-preting this language, it is important to recall that constitutional provisions are “ ‘written to be understood by the voters.’ ” Heller, 554
U. S., at ___. The objective of this inquiry is to discern what “ordi-nary citizens” at the time of the Fourteenth Amendment’s ratificationwould have understood that Amendment’s Privileges or ImmunitiesClause to mean. Ibid. A survey of contemporary legal authorities plainly shows that, at that time, the ratifying public understood the Clause to protect constitutionally enumerated rights, including the right to keep and bear arms. Pp. 1–34.
this waas found at www.supremecourt.gov