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To: robertpaulsen

It is a common misunderstanding that the BOR applies only to the feds. Properly read the 9th and 10th Amendments should have taken care of that at the founding. The 14th Amendment should remove all doubt. "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States..." I admit that historically courts have been mixed on this subject (mainly because some jurists want to be able to oppress minorities IMHO).


38 posted on 06/02/2004 2:02:40 PM PDT by RKV (He who has the guns makes the rules.)
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To: RKV
"Properly read the 9th and 10th Amendments should have taken care of that at the founding."

No. As I stated, one of the amendments (of about 200) submitted by the states to Jefferson was one that applied the BOR to the states. It was rejected.

The due process clause of the 14th amendment has been used to selectively incorporate the first eight amendments and make them applicable to the states. The second amendment has never been incorporated -- it still applies only to the federal government.

Your gun rights are protected by your state constitution.

51 posted on 06/02/2004 2:20:20 PM PDT by robertpaulsen
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To: RKV

The wording of the 2nd amendment is such that it needs no other amendment for it to be applicable in every jurisdiction in the United States.


66 posted on 06/02/2004 2:50:04 PM PDT by arthurus (Better to fight them over THERE than over HERE.)
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To: RKV

The Marshall Court in 1831 (?) Barron decision ruled that the BoR did NOT apply to the states. Certainly the South NEVER intended to allow it to apply to a large percentage of its population.

Only after passage of the 14th amendment did the BoR apply.


352 posted on 06/08/2004 7:56:09 AM PDT by justshutupandtakeit (America's Enemies: foreign and domestic RATmedia agree Bush must be destroyed.)
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