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To: robertpaulsen
What is the definition of "the people" for the following?

"the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

The same founders who approved of the phrase "the people" in the second amendment, approved of the phrase "the people" in these other amendments in the Bill of Rights. Consistency of definition must be maintained if we are to be able to interpret the intent of the founders. So what definition of "the people" do you propose?

62 posted on 11/27/2007 7:14:45 PM PST by Anitius Severinus Boethius
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To: Anitius Severinus Boethius
You left out, "The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature."

In all cases, "the people" were the enfranchised body politic, those who were connected to the country, those with something to lose, voters, "full" citizens, "the whole people".

In 1792, "the people" were white male citizen landowners. Coincidentally(?), that also described members of the well regulated Militia, referred to in the second amendment.

"While this textual exegesis is by no means conclusive, it suggests that "the people" protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community."
-- UNITED STATES v. VERDUGO-URQUIDEZ, 494 U.S. 259 (1990)

(This U.S. Supreme Court holding was referenced in the Parker case.)

85 posted on 11/28/2007 4:38:22 AM PST by robertpaulsen
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