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To: jwalsh07; mrsmith; billbears; Tarkin; Dog Gone; robertpaulsen; Mojave
Well said, -- and you will get "basically fluff" in rebuttal from those who insist that States are not required to uphold our inalienable rights, among them the RKBA's.

It's an irrational position, and they can only defend it with fluffy pronouncements about a States 'rights'. People have rights, not States.
237 posted on 01/16/2006 9:36:18 AM PST by don asmussen
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To: don asmussen; jwalsh07; mrsmith; billbears; Tarkin; Dog Gone; robertpaulsen; Mojave

I wrote this for another purpose......and hopefully it will clarify the issue. Here's a snip-it:

"...The Supreme Court, specifically Justice Black, in Adamson v. California, 332 U.S. 46 (1947), said the following: “My study of the historical events that culminated in the Fourteenth Amendment [Privileges and Immunities Clause], an the expressions of those who sponsored and favored, as well as those who opposed its submission and passage, persuades me that one of the chief objects that the provisions of the Amendment’s first section, separately, and as a whole, were intended to accomplish was to the make the Bill of Rights applicable to the states.”

Ineloquently phrased but well-meaning, Justice Black’s “total incorporation” theory has never commanded a majority of the Court. A string of cases, spanning from 1897 through 1971, have selectively incorporated some of the first eight amendments via the 14th Amendment. As of this writing, only the Second Amendment, the Third Amendment, the Fifth Amendment’s requirement of a grand jury indictment, and the Seventh Amendment, have not been incorporated. As a result, according to the view of the Supreme Court, the Second Amendment does not apply to the states....."


240 posted on 01/16/2006 9:47:25 AM PST by Conservative Goddess (Politiae legibus, non leges politiis, adaptandae)
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