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To: Wonder Warthog; Huck
Actually, the ORIGINAL intent was that it did indeed put limits on the states (see William Rawles, "A View of the Constitution", written by an eminent jurist of the period). The "not applicable to the states" was invented by Southern jurists to avoid Federal interference with slavery.

Nope. Rawles wrote his View in 1829. Tucker's was the first to be approved and printed by Congress in 1803 [See link in post #27].

Joseph Story wrote his in 1833, and says the exact same thing as Tucker.

§ 312 But a contract of this nature actually existed in a visible form between the citizens of each state in their several constitutions. It might, therefore, be deemed somewhat extraordinary, that in the establishment of a federal republic, it should have been thought necessary to extend its operation to the persons of individuals, as well as to the states composing the confederacy

I am familiar with Rawles work, and cannot recall any such statement. I would appreciate your providing the Book/Chapter/Section to support you assertion.

41 posted on 04/21/2009 8:49:37 AM PDT by MamaTexan (The Founders 4 boxes of FReedom- the soap box, the ballot box, the jury box...and the ammo box)
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To: MamaTexan
".....it should have been thought necessary to extend its operation to the persons of individuals, as well as to the states composing the confederacy..."

If you actually read the Bill of Rights, you will see that it, itself, says exactly that---note the First Amendment..."CONGRESS shall make no law"---and the Second Amendment...."..the right of the PEOPLE....".

It is plainly apparent that the RKBA was to be protected by both the Federal gov't AND the state gov'ts.

"I am familiar with Rawles work, and cannot recall any such statement. I would appreciate your providing the Book/Chapter/Section to support you assertion."

Sorry, no can do. I got Rawles book via interlibrary loan years ago, and read and returned same. I know there's a copy of it on-line somewhere, but I am away from my home computer, so don't have the link available.

51 posted on 04/21/2009 9:36:11 AM PDT by Wonder Warthog ( The Hog of Steel)
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