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To: Roscoe
Our Constitution quite properly leaves such matters to the individual States,..

I would disagree as to this being a good point, with the exception of the opinion concerning the commerce clause.
Justice Thomas concludes, (or infers) that it is the provence of the individual states to determine what rights are given to citizens concerning the right to keep and bear arms.

The 2nd amendment simply (and rightly ) states, "shall not be infringed".
Take a look at the 1st amendment. " Congress shall not..."
Or, several articles of the constitution itself, " the states are prohibited ", "congress is prohibited", etc.
Likewise, the 9th and 10th amendments.

It is clear, that when a power is granted or prohibited, the party granted said power, or prohibited from exercising said power, is Expressly Specified.
In the case of the 2nd amendment, the prohibition of infringement is ALL ENCOMPASSING.
Neither Congress, Judiciary, Executive branch, The States, nor EVEN THE PEOPLE, can infringe upon the right to keep and bear arms.

14 posted on 05/11/2002 1:21:26 PM PDT by Drammach
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To: Drammach
The 2nd amendment simply (and rightly ) states, "shall not be infringed"

"The Second Amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by Congress." -- US Supreme Court, U.S. v. Cruikshank, 92 U.S. 542 (1875), Presser v. State of Illinois, 116 U.S. 252 (1886)

19 posted on 05/11/2002 2:54:54 PM PDT by Roscoe
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