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To: mrsmith; Ken H
"then the states can be legislatively forced by the congress into surrendering the protections in their own laws- as by the examples I gave earlier"

Save me from looking through 441 posts -- Which examples or what post?

Ken H and I have been going back and forth on this.

446 posted on 06/21/2004 3:14:06 PM PDT by robertpaulsen
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To: robertpaulsen
Back in 380.

The problem with Ken's question is that it's not reasonable to assume the court will both incorporate the 2nd without a RKBA and acknowledge the federal RKBA in an opinion. It will deny or weaken both.

So, even though incorporating the second without a state RKBA would not change anything- as Ken argues that is what we have now without incorporation- the denial of the federal right too would allow judicial and legislative restrictions to be forced upon the states.

The examples you and I cite would still be prevented by a federal RKBA- but there won't be one.

450 posted on 06/21/2004 3:56:29 PM PDT by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice... Hillary Rodham Clinton ")
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