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To: Enterprise

“The Constitution prohibits the Government from doing what some of these States have recently done.”

Doesn’t the Constitution prevent CONGRESS for doing what these States have done?

And doesn’t the 10th Amendment give States the power not specifically delegated to Congress?

I agree with you generally, but am a little confused.

Maybe a knowledgable 10th Amendment supporter can explain why the 10th Amendment doesn’t apply to the States on the issue of gun “control”.


27 posted on 04/04/2013 4:09:48 PM PDT by Owl558 (Think twice before speaking once)
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To: Owl558

It does because of incorporation.


30 posted on 04/04/2013 4:24:48 PM PDT by DeWalt
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To: Owl558
A real legal scholar can do better than I can. An example would be the 5th Amendment. No State can abridge, modify, or cancel the 5th Amendment rights of its citizens. The Supreme Courts of all States, and the Supreme Court of the United States are all in agreement on this. Equally, no State can abridge, modify, or cancel the 2nd Amendment rights of its citizens. Yet, State Courts, and Federal judges get fuzzy logic here. There should be no misunderstanding.

The 10th Amendment argument sounds good to the left, but here is the sticky part. If Congress and the States cannot ignore the rights of the people under the First, Third, Fourth, Fifth and Sixth Amendments, then under what authority can they ignore their rights under the Second Amendment? Why is the 10th Amendment something that the States can use as an excuse to deprive people of their right to keep an bear arms? If the States, under the 10th Amendment can deprive people of their rights under one Amendment, then the States can deprive people of their rights to freedom of religion, freedom of speech, speedy trials, the right to an attorney, the right to privacy, and any other rights that they are presently BOUND and SWORN to UPHOLD AND DEFEND!

35 posted on 04/04/2013 4:33:49 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Owl558
Maybe a knowledgable 10th Amendment supporter can explain why the 10th Amendment doesn’t apply to the States on the issue of gun “control”.

That argument raged on FR a while back. Some argue for full restoration of 10th, the other group argued that the 14th gave the right back to the people.

In the end it doesn’t matter, it only matters what laws they choose to enforce and what they choose to ignore.

49 posted on 04/04/2013 5:35:39 PM PDT by itsahoot (It is not so much that history repeats, but that human nature does not change.)
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