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To: dirtboy
Sorry, but he calls the 2nd Amendment an anachronism.

I had not heard that. Got a source?

And IMO, the 2nd does not require incorporation as the First did, because it is not prefaced with "Congress shall pass no law."

It says "shall not be infringed." That is absolute. And Bork walks away from that absolutism.

While I am certain you know that I agree with that sentiment, the Second also deems a State militia "well regulated." From what I have been able to discern, that means not only are the militia ready and trained to fight, but that a State has the power to manage that armed capability.

This is getting off topic. My point is that I think the Second as written is somewhat at variance with an optimal statement in support of the pre-existing unalienable right to self-defense and that placing enforcement powers in the Federal government has its perils.

29 posted on 10/04/2005 3:49:22 PM PDT by Carry_Okie (The fourth estate is the fifth column.)
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To: Carry_Okie

Wouldn't the Second Ammendment offer protection to a citizen of a states whose representatives wanted to take guns out of citizens hands?


44 posted on 10/04/2005 4:09:52 PM PDT by nickcarraway (I'm Only Alive, Because a Judge Hasn't Ruled I Should Die...)
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To: Carry_Okie
While I am certain you know that I agree with that sentiment, the Second also deems a State militia "well regulated." From what I have been able to discern, that means not only are the militia ready and trained to fight, but that a State has the power to manage that armed capability.

The operative phrase of the second amendment simply acknowledges the inherent right of the people keep and bear arms. The first phrase is simply a justiciation for the operative phrase. Why Bork hems and haws about that is beyond me but I know he does, I've heard him speak on the topic, as reluctant as he was to do so.

92 posted on 10/04/2005 5:57:51 PM PDT by jwalsh07
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