To: justshutupandtakeit
"exaltation by those who see them as some kind of panacea " I have just the opposite situation: the people I have been discussing with seem to read the Second Amendment without considering the 10th's rule of construction.
You can find many rulings by the Supremes based on the 10th. I don't think they've ever made a ruling based on the Ninth. The 14th did not apply it to the states- it is still a limit only on the feds. They often threaten to apply it to the states though in their dicta.
611 posted on
02/11/2004 2:09:51 PM PST by
mrsmith
("Oyez, oyez! All rise for the Honorable Chief Justice... Hillary Rodham Clinton ")
To: mrsmith
At #387 mrsmith wrote:
"Frankly I do not understand why people wish to rewrite the Constitution over this. The 14th Amendment was expressly written to extend the Second to the states anyway."
At #611 mrsmith wrote:
"-- the people I have been discussing with seem to read the Second Amendment without considering the 10th's rule of construction.
--- The 14th did not apply it to the states- it is still a limit only on the feds.
They often threaten to apply it to the states though in their dicta."
First you say that "the 14th Amendment was expressly written to extend the Second to the states", then you claim "the 14th did not apply it to the states"...
Which way would you have it?
And frankly I do not understand why you say states have the power to control our RKBA's. Can you explain?
How can you justify CA's ability to prohibit 'assault weapons'?
657 posted on
02/12/2004 7:18:53 AM PST by
tpaine
(I'm trying to be 'Mr Nice Guy', but the U.S. Constitution defines conservatism; - not the GOP. .)
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