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To: El Gato
"Or are you saying that an appeal to the second amendment against a Congressional act would be equally unsuccessful."

I am saying that an appeal to the second amendment of the U.S. Constitution against a state act would be unsuccessful. I would hope that an appeal to the second amendment against such a power grab by a Congressional act would be successful. Otherwise we're screwed.

Bear in mind that William Rawle qualified his statement with, "if in any blind pursuit of inordinate power, either should attempt it". If either the individual state or the federal government took such extreme action, he felt that the people could appeal to the second amendment for protection.

If California (or any other of the five states you mentioned with no RKBA) were to ban all guns totally, I would expect the citizens of that state(s) to appeal to the USSC under the second amendment. Given the prior rulings, I don't think they would be successful. (It would be a real liberal-slap-in-the-face if they were successful by appealing to the right of privacy under the Due Process Clause)

If the state legislature tried to pass such a law, though constitutional, I would expect a) a major backlash from the people (ie, maybe the bill wouldn't pass), b) even more residents leaving, c) the citizens amending their state constitution, or d) a total disregard of the state law.

333 posted on 12/05/2003 7:16:30 AM PST by robertpaulsen
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To: robertpaulsen
Weird logic.
On this one post you say "that an appeal to the second amendment of the U.S. Constitution against a state act would be unsuccessful", by insisting that a total ban on guns by states is constitutional.
Yet you agree that if "such a power grab by a Congressional act would be successful", --- "we're screwed."


There is something 'screwed' here, fer shur.. Your rationality is totally screwed up.
334 posted on 12/05/2003 8:24:24 AM PST by tpaine (I'm trying to be 'Mr Nice Guy', but FRs flying monkey squad brings out the Rickenbacker in me.)
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