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To: RayStacy
"Don't know what to say about this. Madison is referring to "enumerated objects", again, the Fed gove can legislate on enumerated objects only, and you won't find telling the states how to handle their gun laws in that enumeration. You say the fed gove is subject to the states? I thought you've been saying just the opposite, that the sup claus makes the fed gove supreme?"

Our system is circular, self-governing, self-correcting, with a balance of powers in place. There is a hierarchal structure to our country, with we the people at the top, the states (municipalities) following, then the federal government.

The states protect our rights from federal intrusions, and the federal government protects our rights from state intrusions via Article VI, para 2. and the courts. When all three fail, we protect each other with a jury of our peers.

In a very true sense, a jury of our peers who judge the facts AND the law, is the supreme law of the land when it gets down to the finish line.

The real problem we have in this country is that few realize how many of their rights they have contracted away to state and federal government and they don't find out until they are fined or thrown in jail. But that is a horse of another color and for another thread.

306 posted on 11/10/2004 12:59:06 PM PST by Eastbound ("Neither a Scrooge nor a Patsy be")
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To: Eastbound
"federal government protects our rights from state intrusions via Article VI, para 2. and the courts. "

James Madison tried to give the federal government such power but that was rejected by the convention.

There's a great letter by him to Thomas Jefferson written October 24, 1787 where he complains about it and goes into great length how it would be a good thing "to prevent instability and injustice in the legislation of the states".

You already know that the Bill Of Rights granted no new powers to the federal government but further restriced the use what powers it had.
No doubt you'll recall that Madison again tried to give the federal government that power to protect some rights from the states in the Bill of Rights, but again it was rejected by congress.

The Founders recieve as little regard from people who want to find a federal protection of their RKBA as it does from those who want to find a federal protection of their "right to privacy".

But we just can't have a living constitution. Federal RKBA have to be found in the 14th Amendment's "privileges and immunities". Like it or not.

315 posted on 11/10/2004 2:07:43 PM PST by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice.. NOT Hillary Rodham Clinton ")
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