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To: robertpaulsen

"But how many insist that the second amendment has been incorporated and applies to the states?"

I don't know. But I do know that the Framers intended the 2nd as an individual right, that it is an individual right, and I couldn't care less what a bunch of ConLaw scholars say about "incorporation". We don't need incorporation for the 2nd to apply to the states.


55 posted on 01/26/2005 3:25:24 PM PST by Altamira (Get the UN out of the US, and the US out of the UN!)
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To: Altamira
"But I do know that the Framers intended the 2nd as an individual right"

All well and good, but that's not what we're talking about here, is it? Basically, you're saying that, in your opinion, the federal government shall not infringe on an individual's RKBA. Fine.

That says nothing about the states and what the states are allowed to do.

"We don't need incorporation for the 2nd to apply to the states."

Of course we do. Just as we need incorporation for the 3rd Amendment, the grand jury indictment clause of the 5th Amendment, and the 7th Amendment for those, too, to apply to the states.

The Bill of Rights was understood, at its ratification, to be a bar on the actions of the federal government. Not the states. The states had their own constitutions.

61 posted on 01/27/2005 6:56:05 AM PST by robertpaulsen
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