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To: Old Teufel Hunden
"Violate other civil liberties as guaranteed in the constitution and set up a dictatorship?"

No. The U.S. Constitution, Article IV, Section 4, guarantees to each state a republican form of government.

"So you believe that at one time a state could confiscate everyone’s guns if they wanted to?"

All guns? No. That would interfere with Congress' power to "call forth the Militia". Besides, what state would do that? What citizens would allow their state to do that?

But each state may reasonably regulate guns. Which is why some states, for example, allow concealed carry and some don't. If this right was protected by the second amendment, wouldn't every state have to allow it? Can you explain that please?

"The federal government guarantees certain liberties to all citizens and no other government underneath that could ever take those things away."

They do now. But that wasn't the way the Bill of Rights was written.

States were free to limit speech and the press. Many did. They were free to search without a warrant. Even for those states that required a warrant, evidence could be admitted in court that was obtained without a warrant. Some states still don't allow a jury trial in civil cases, though it's right there in the 7th amendment. Some states will try citizens for a capital crime, such as murder, without using a Grand Jury to indict, even though the 5th amendment requires one.

This should help, specifically the sections entitled "Bar to Federal Action" and "Incorporation".

179 posted on 06/03/2007 7:11:32 AM PDT by robertpaulsen
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To: robertpaulsen

“No. The U.S. Constitution, Article IV, Section 4, guarantees to each state a republican form of government.”

So you are now making my argument. That the federal constitution does trump state constitutions. In other words, a state cannot violate the basic tenets of the federal constitution. Thanks for agreeing with me.

I never disagreed that the states do not have the right to regulate things. Your original point was that at one time the states could violate the federal constitution and that is simply not so. Yes, they can regulate tenets of the constitution, but not violate it. There is a difference.

BTW, some of the times when states violated the constitution it turned out (via SCOTUS) that they were wrong. These things eventually get worked out in time.


185 posted on 06/03/2007 3:46:54 PM PDT by Old Teufel Hunden
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