Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: palmer

On the other minus side, his own arguments were often false, saying such things as that the 2A of the Federal Constitution doesn’t apply to the states, as if Roe v. Wade only protected women from a Federal ban on abortions, while the states were free to ban them if they wanted to. A laughable argument, and yet he stated this on every thread he posted to.

That was one of his core arguments — he professed to believe that the 2A does not apply to the states, and that the only thing guaranteeing your right to a firearm is your own State’s 2A amendments — as if places like San Francisco, California would not have banned guns long ago but for the 2A of the US Constitution.

He propagated such false arguments all the time, and suckered a lot of members into wasting their time to argue against such hogwash.

I don’t know the legal basis as I am not a lawyer or legal expert, but I certainly know that the 13th Amendment extended to the states as well — not only was the Federal government prohibited from legalizing slavery, but the State governments were also prohibited from legalizing slavery. Yet he would constantly argue the opposite with respect to 2A.

Enough on distractions and lets get back to the 2A case at hand.


520 posted on 11/09/2007 11:15:28 PM PST by Freedom_Is_Not_Free
[ Post Reply | Private Reply | To 509 | View Replies ]


To: Freedom_Is_Not_Free
"On the other minus side, his own arguments were often false, saying such things as that the 2A of the Federal Constitution doesn’t apply to the states"

I was simply quoting the DC Circuit Court in Palmer (my bold):

"In United States v. Cruikshank, 92 U.S. 542, 551 (1876), and Presser v. Illinois, 116 U.S. 252, 264-66 (1886), the Court held that the Second Amendment constrained only federal government action and did not apply to the actions of state governments. This holding was reiterated in Maxwell v. Dow, 176 U.S. 581, 597 (1900), and Twining v. New Jersey, 211 U.S. 78, 98 (1908). Indeed, the Second Amendment is one of the few Bill of Rights provisions that has not yet been held to be incorporated through the Fourteenth Amendment."

Unless you're saying the Palmer court was wrong?

784 posted on 11/14/2007 6:20:54 AM PST by robertpaulsen
[ Post Reply | Private Reply | To 520 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson