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To: robertpaulsen; jmc813
Surely you jest, rp. RKBA is explicitly protected nationwide in the Constitution. The right to do drugs is not -- but the rights of states to decide matters relating to intrastate drugs *is*. Hence, all states must Constitutionally not infringe on RKBA per amendment 2; and the federal government must not infringe upon states' rights to decide intrastate drug issues per amendment 10.



27 posted on 11/06/2003 12:07:09 PM PST by ellery
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To: ellery
"RKBA is explicitly protected nationwide in the Constitution."

Actually, it's not. Why can cities like New York, Chicago, Washington, D.C., etc. ban guns? I mean ban as in "not allowed to own one and keep it at home" ban. Have you ever thought about that? Talk about unconstitutional!

Actually, the reason they're allowed to do that is that the 2nd amendment only applies to the federal government. Yes, the 14th amendment "supposedly" applies the BOR to the states, but the 2nd amendment has never been incorporated.

"Another important factor in the small arms-control debate is federalism. Like all the other Bill of Rights Amendments, the Second Amendment was originally added to the Constitution to limit the power of the federal government only. Both the 1876 decision of United States v. Cruikshank and the 1886 decision of Presser v. Illinois recognized this and explicitly stated the Second Amendment limits the power of the federal government only.

The basic liberties of the Bill of Rights did not become applicable to the states until after the adoption of the Fourteenth Amendment. Among other things, the Fourteenth Amendment prohibited the states from depriving "any person of life, liberty, or property, without due process of law." Through a tortuous, decades-long process, the Court eventually adopted the view that certain fundamental liberties in the Bill of Rights could be incorporated through the due process clause and turned into limits against the power of the states also.

In separate decisions, the right of free speech, the right to freely exercise one's religion, the right to be free from unreasonable searches and seizures, and so on, were made applicable to the states by the Justices. The Second Amendment right to bear arms, however, has never been incorporated by the Court into the Fourteenth Amendment. The result is that today the Second Amendment, whatever it may mean, operates to restrict only the power of the federal government. The states remain unfettered by the Amendment's limitations. They remain essentially free to regulate arms and the right to bear them as they choose, in the absence of strictures in their own state constitutions and laws."
-- time.com

In your state constitution it reads:

Right to Bear Arms Section 21.
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

In my fascist, Dickie Durban state it reads:

SECTION 22. RIGHT TO ARMS
Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.

That's why we have FOID (Firearm Owner's Identification) cards and you don't.

31 posted on 11/06/2003 1:57:19 PM PST by robertpaulsen
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