Professor Balkin has a post up today that brings to mind some recent posts here. Balkin argues that the lawyers in the McDonald case yesterday might have argued for overturning Cruikshank rather than Slaughterhouse.  Balkin’s description of federal and state rights as set forth in the 14th Amendment will be a relief after my own stab at that.  And on the problems that led to Cruikshank, see my quick review of Lane’s book on the matter.