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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: tpaine

1. looks like we're on the same page on that one. Semantics got us hung up there.

2. I'm glad I was just imagining that you have contempt for the south.


"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?
"

That's too broad a brush. States' reserved powers are "numerous and indefinite". Generally speaking, a state can not violate rights of the people. But the devil is in the details.

A state can't take basic rights that are protected by the Constitution and State laws.

However, say you and I may think that it's an "unenumerated right" to make whiskey, and a guy in another state has a law that will put him in jail for making moonshine for his own consumption. Did that State violate his "unenumerated right?" Maybe so, but it's none of our business if regulating alcohol is a state right. Prior to the 13th, and the Wah, regulating slavery was a state right. None of our business what other states did about it.

So to make your statement, "The 10ths powers, those reserved to the States, cannot be used to violate the enumerated or unenumerated rights of the people", more accurate, here's what you need to realize:

The 10ths powers, those reserved to the States, might be used to violate what the people of another state consider to be a "right" of ITS people, but not what that same state considers to be a "right" of ITS people.


328 posted on 07/18/2004 8:16:55 PM PDT by H.Akston (A voluntary Union is a more perfect union)
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