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To: Ken H
It is his job to guarantee that States have republican governments.

If you're referring to the provision that "The United States shall guarantee to each state a republican form of government", then first of all, that clause does not vest that obligation in the judiciary specifically, and secondly, the form of government is not what's at issue here. Gun control, however inexcusable it is, does not of itself alter a state's form of government any.

That clause was not put into the Constitution so that federal courts could endlessly second-guess state laws based on purely vague criteria. The people never would have ratified the Constitution if that had been the case.

604 posted on 08/08/2004 1:05:59 PM PDT by inquest (Judges are given the power to decide cases, not to decide law)
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To: inquest
If you're referring to the provision that "The United States shall guarantee to each state a republican form of government", then first of all, that clause does not vest that obligation in the judiciary specifically [who else, if not the judiciary?--kh], and secondly, the form of government is not what's at issue here. Gun control, however inexcusable it is, does not of itself alter a state's form of government any.

Thomas may not agree and I think his remarks suggest that he has the incorporation of the Second Amendment in mind as a guarantee of a personal RKBA.

If a government can violate unalienable rights, hasn't it become the tyrannical government that the Founders said the people had the right to overthrow?

What's stopping the formation of the Islamic Republic of New Jersey, for example, if the BOR are not applicable to the States?

611 posted on 08/08/2004 2:01:30 PM PDT by Ken H
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To: inquest

quibbling bumpkin


613 posted on 08/08/2004 3:13:37 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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