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To: tpaine

You have such profound misunderstandings. There are too many false accusations to correct! I'll just pick two.

1. "Akston claims it can be violated by a States "reserved power""

I don't. It can't be violated by a state's reserved power because the Supremacy clause incorporates the 2nd Amendment into State Constitutions. I think you also have that view of the Supremacy Clause!

2. "Your Gallatin quote brought them all out prancing, trying to justify State infringements on our clearly self evident, fundamental & inalienable RKBA's."

No such thing happened! There's no justification for keeping the people (responsible grownups) from Keeping and Bearing Arms!

We agree that Barron was a wrong decision, because JM neglected the meaning of the supremacy clause!

You're all over the place. I think you thrash because you have contempt for the South and by default, the basic structure set up by the Constitution, and 10th Amendment rights, which include "states' rights', and are as important as the RKBA.


280 posted on 07/17/2004 7:09:49 AM PDT by H.Akston (The Revolutionary War made American States "free and independent", per the DoI)
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To: H.Akston
H.Akston wrote:

You have such profound misunderstandings. There are too many false accusations to correct! I'll just pick two.
1. "Akston claims it can be violated by a States "reserved power""

That's what you wrote, hugh, quoted here again:

"A 2nd Amendment right can be "incorporated" into a State Constitution by the supremacy clause (as Mason intimated), but the Congress STILL wouldn't have the power to enforce that on a state, because that was a reserved power."

Now you claim:

I don't. It can't be violated by a state's reserved power because the Supremacy clause incorporates the 2nd Amendment into State Constitutions. I think you also have that view of the Supremacy Clause!

Indeed I do:
The supremacy clause causes the US Constitution to be binding on the State Governments. The States were restricted by the BOR because the supremacy clause binds the judges in every state to follow what's in the Constitution. --- Once the BOR got into the Constitution... they therefore became restrictive on the States.
Sound familiar?

2. "Your Gallatin quote brought them all out prancing, trying to justify State infringements on our clearly self evident, fundamental & inalienable RKBA's."
No such thing happened! There's no justification for keeping the people (responsible grownups) from Keeping and Bearing Arms! We agree that Barron was a wrong decision, because JM neglected the meaning of the supremacy clause!
You're all over the place.

See your own words hugh, just above. YOU are "all over the place", not me.

I think you thrash because you have contempt for the South and by default,

You aren't thinking hugh, you're imagining things.

the basic structure set up by the Constitution, and 10th Amendment rights, which include "states' rights', and are as important as the RKBA.

The 10ths powers, those reserved to the States, cannot be used to violate the enumerated or unenumerated rights of the people.
-- A simple concept you 'states rightists' just can't accept. Why is that?

289 posted on 07/17/2004 9:49:33 AM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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To: Everybody; H.Akston


THE SUPREMACY CLAUSE
Article. VI.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

______________________________________


The supremacy clause causes the US Constitution to be binding on the State Governments.

The States are restricted by the BOR because the supremacy clause binds the judges in every state to follow what's in the Constitution.
--- The BOR's and all Amendments are intergal parts of the Constitution... They therefore became restrictive on the States.

The 9th & 10th are clear.
The Ninth says that the peoples unemumerated rights cannot be denied or violated.

Thus the 10ths powers, both Federal, -- and those reserved to the States, -- cannot be used to violate the enumerated or unenumerated rights of the people.

-- A simple concept our 'states rights' contingent just can't accept.

Why is that?


290 posted on 07/17/2004 10:32:28 AM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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