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To: dirtboy
"But no such action is needed for the 2nd - it applies across the board because of the way it is written."

I see. So it is a fact that, with the obvious exception of the first amendment, the Bill of Rights, as originally written by the Founding Fathers and ratified by the states, applied to the federal government AND the states? This is the way the Bill of Rights has been treated since 1789?

Or, are you saying that this is your opinion?

Lawrence Tribe believes that the second amendment applies to the states? I don't think so.

60 posted on 01/27/2005 6:46:19 AM PST by robertpaulsen
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To: robertpaulsen
I see. So it is a fact that, with the obvious exception of the first amendment, the Bill of Rights, as originally written by the Founding Fathers and ratified by the states, applied to the federal government AND the states? This is the way the Bill of Rights has been treated since 1789?

Last I checked, the 4th and 5th Amendments applied to the states upon ratification - states or localities could NOT carry out warrantless searches - in fact, it would have been absurd to believe otherwise, given that the feds had little or no law-enforcement capacity prior to the Civil War.

62 posted on 01/27/2005 6:57:02 AM PST by dirtboy (To make a pearl, you must first irritate an oyster)
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To: robertpaulsen
Lawrence Tribe believes that the second amendment applies to the states? I don't think so.

Lawrence Tribe believes that the 2nd Amendment imparts an individual right - which supercedes state or federal powers.

But I really don't care to waste more time arguing with someone who talks about states rights and then turns around and defends the powers of the feds to block state initiatives on medical marijuana (and no, I don't smoke the stuff).

66 posted on 01/27/2005 7:00:13 AM PST by dirtboy (To make a pearl, you must first irritate an oyster)
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