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To: mrsmith
They "ceded" their rights to their states before the Constitution- before the Articles of Confederation.

Was there a ceremony?

The question is why would they cede them to the new government they had no experience of?

They wouldn't and they didn't. The people declared certain of their rights in the BOR's and made sure to declare that doing so was not an admission that these were there only rights. The declarations in the BOR's are just that, declarations by the people. They can be read no other way because the preamble is clear it is "We the people" writing the document.

"From these conventions the constitution derives its whole authority. The government proceeds directly from the people; is "ordained and established" in the name of the people; and is declared to be ordained, "in order to form a more perfect union, establish justice, ensure domestic tranquility, and secure the blessings of liberty to themselves and to their posterity." The assent of the States, in their sovereign capacity, is implied in calling a convention, and thus submitting that instrument to the people. But the people were at perfect liberty to accept or reject it; and their act was final. It required not the affirmance, and could not be negatived, by the State governments. The constitution, when thus adopted, was of complete obligation, and bound the State sovereignties. . . ."

If they were not happy with their state constitutions there would have been calls for a federal BOR so they could "cede" their rights to the new government.

Absurd argument. Why do you insist the people cede their rights to governmental power? Or worse to the courts?

But there were none. Instead they unanimously called for a BOR to protect them and their states from the feds

The BOR's is a series of declaratory staements using the word rights which appears nowhere else in the Constitution excpet the BOR's. It tells the feds and the states, hands off these are ours.

Do you think the common man in 1792 could look at the second amendment and understand that the state he lived in could take his property, his guns and his liberty if the majority so ruled? I can't believ you do but I learn something new here every time I post.

540 posted on 01/18/2006 4:24:15 PM PST by jwalsh07
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To: jwalsh07
"Do you think the common man in 1792 could look at the second amendment and understand that the state he lived in could take his property, his guns and his liberty if the majority so ruled? "

Sure, it happened every time a law was passed by the legislature. Unless it was proscribed by the state constitution.

In Virginia the constitution had no guarantee of the right to own arms. One had to be in the militia.

Members of certain races were not allowed in the militia- whether they were free or not.

Wrong? Sure. But constitutional. Constitutions are not perfect they are made by men.

544 posted on 01/18/2006 4:39:40 PM PST by mrsmith
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