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To: Sherman Logan
"Incorporation" was a judicial fraud for the 2A. It did not need any "incorporation" because the wording was universal. Other amendments did not apply to the states because they said "Congress shall make no law..." not "No law shall be be made..."

The 2A was never incorporated because it always applied to the States. You, as a Conservative, should understand "strict construction" and "original intent." If not then what the hell are you arguing about in regards to the other amendments? Without strict construction there is no actual concrete Constitution, only a collection of rules changeable to suit the occasion or the rulers.

58 posted on 09/30/2014 9:29:44 PM PDT by arthurus
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To: arthurus

I am willing to accept this interpretation of 2A as having been understood at the time to prohibit states from limiting access to arms. If documentation can be provided that this was indeed the understanding then, rather than our project into the past of what we think/believe they should have intended.

Unfortunately, my understanding is that lots and lots of states passed and enforced gun control laws, even knife control laws, in the period prior to the civil war. AFAIK, there was no argument made at the time that these laws were unconstitutional because they violated 2A.

But, as I said, I’m willing to be convinced otherwise.


67 posted on 10/01/2014 9:53:22 AM PDT by Sherman Logan (Perception wins most of the battles. Reality wins ALL the wars.)
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