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To: groanup
Nice argument, but...

...forbidding all governments formed under the Constitution from abridging that right.

To play "devil's advocate" (i.e. the role of an ACLU attorney), this is the weakest point of the argument. The prevailing leftist view is that the 2nd Amendment only limits the Federal government, and that "the people" meant the States collectively.

To make the argument complete, this notion needs to be discredited -- which probably means including the federalist papers et al.

20 posted on 12/04/2006 2:58:06 PM PST by AndyTheBear (Disastrous social experimentation is the opiate of elitist snobs.)
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To: AndyTheBear
The prevailing leftist view is that the 2nd Amendment only limits the Federal government, and that "the people" meant the States collectively.

Don't most state consitutions provide language similar to the 2A but at the same time preserve the state's right to regulate concealed weapons?

22 posted on 12/04/2006 3:04:50 PM PST by groanup (Limited government is the answer. Now, what's the question?)
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To: AndyTheBear
"To make the argument complete, this notion needs to be discredited"

If the second amendment applied to the states, wouldn't all the states have to have the same laws? Wouldn't they all have to allow concealed carry, for example? Doesn't due process mean that all citizens are treated equitably -- that we don't have two sets of laws?

Think of the first amendment. Or the fourth amendment. Don't they apply to all citizens in all states equally?

33 posted on 12/04/2006 4:43:07 PM PST by robertpaulsen
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To: AndyTheBear
and that "the people" meant the States collectively

So 'people means the states? That means that the 1st, 4th and 10th Amendments are for the states?

If that is true then the 10th Amendment is written very strangely. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." would mean 'The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the States.'

Doesn't make much sense does it?

47 posted on 12/04/2006 6:32:23 PM PST by Hazcat (Live to party, work to afford it.)
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To: AndyTheBear

My response is, does the 1st amendment only limit the Federal government?


109 posted on 12/05/2006 6:07:34 AM PST by looscnnn ("Olestra (Olean) applications causes memory leaks" PC Confusious)
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