To: JohnGalt
No. the Second Amendment restricts the States as well. What good would it be if it was otherwise? You'd get precisely the situation we have in Cali.
For reference see Art II Sec. 4, and the 10th and 14th Amendments.
15 posted on
12/02/2003 1:25:42 PM PST by
Dead Corpse
(For an Evil Super Genius, you aren't too bright are you?)
To: Dead Corpse
The 14th is not a 'real' Amendment, but it seems the federalis are selectively deciding when it applies and when it doesn't, that was my point.
As to your over all point, the Bill of Rights is a list, or really, a reiteration of things the federalis cannot do, that is all.
It clearly is no good to hope that the federalis will protect rights within your state but they will over turn laws that they don't like as with the Lawrence case.
18 posted on
12/02/2003 1:29:40 PM PST by
JohnGalt
(How few were left who had seen the Republic!---Tacitus)
To: Dead Corpse
What does Article II, Section 4 have to do with this?
The Second Amendment doesn't apply to the states. As a matter of fact, prior to the 14th amendment, none of the BOR applied to the states. The U.S. Constitution was written to define federal powers.
With the passage of the 14th, most, but not all, of the BOR have been "incorporated" through the courts, and now apply to the states.
The Second Amendment has never been incorporated. Ever wonder how a city like New York or Chicago can ban the ownership of guns?
To: Dead Corpse
You're right.
"A well regulated Militia
being necessary to the security of a free State,
the right of the people to keep and bear Arms shall not be infringed."
Notice it does not say, "...shall not be infringed by Congress". If it did, then one could argue that States were free to infringe. But, the 2nd amendment doesn't care who might do the infringing...it is still illegal.
94 posted on
12/02/2003 4:56:29 PM PST by
FLAMING DEATH
(Why do I carry a .45? Because they don't make a .46!)
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