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To: Ken H
Should state or local governments be allowed to violate the 2nd Amendment?

Depends on what the people of the state choose using the ballot to manage these issues through their representatives and referenda. The second amendment is pointed directly and exclusively at the federal government. Using the 14th Amendment as an excuse for the feds to enforce the first Ten Amendments unjustifiably overturned long-standing and correct precedent from the Slaughterhouse cases in 1873 and limitlessly expanded federal government power.

The Constitution was written specifically to create a limited central government whose only powers are delegated by the states and the people via the Constitution.

The beginning point of the Constitution is the persuasive authority of the Declaration of Independence: that individuals are born with unalienable God-given rights. God gives man his birthrights. Man via the Constitution gave the federal government its rights. And all powers not delegated by the Constitution to the federal government are reserved for the states and the people (as confirmed by the Tenth Amendment.)

The so-called "Bill of Rights", including the Second Amendment, are actually just a sampling of rights inherently belonging to the people, as laid out in the Declaration of Independence and confirmed in the Tenth Amendment. But the prohibitions of each of the first Ten Amendments are pointed at the feds, not the states.

The Fabian Socialists have managed to flip the Constitutional presumption of states' and individual rights so that now, regardless of the actual wording of the Constitution confirmed by the Tenth Amendment, the feds presume power not forbidden them in the mislabelled "Bill of Rights".

53 posted on 08/04/2014 9:34:01 PM PDT by PapaNew (The grace of God & freedom always win the debate over unjust law & government in the forum of ideas)
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To: PapaNew
The 14th Amendment says that states may not violate the privileges or immunities of citizens, among which is the RKBA. State laws disarming citizens violate this clause, and voiding such laws is in keeping with its original meaning.

The best and clearest explanation of the 'Privileges or Immunities Clause' of the 14th Amendment is Clarence Thomas's brilliant dissent in 'Saenz v Roe' =>

http://www.law.cornell.edu/supct/html/98-97.ZD1.html

Building on his writings in Saenz v Roe, Justice Thomas goes into a detailed explanation of the Second Amendment and the privileges, immunities and rights of citizens in McDonald v Chicago. His concurring opinion is worth a read =>

http://www.law.cornell.edu/supct/html/08-1521.ZC1.html

54 posted on 08/04/2014 11:15:54 PM PDT by Ken H
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