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To: marktwain

Eh, Handgun Control inc. , may have a point, as much as I do not enjoy saying that, a State should be able to organize their affairs as they see fit.

Then again, the same people who hypocritically advocate for State Sovereignty on this issue, have no problem tossing that overboard when the issue is something they support.


3 posted on 10/27/2011 5:11:52 AM PDT by padre35 (You shall not ignore the laws of God, the Market, the Jungle, and Reciprocity Rm10.10)
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To: padre35
I have an analogous hypothetical question for you: Should Maryland be able to refuse to recognize the Idaho driver's license of a person visiting or passing through Maryland from Idaho?

Setting aside the constitutional issues raised by ANY branch/level of government in this country restricting the Peoples' right to keep and bear arms, the U.S. Constitution certainly appears to give congress the power to decide various 'licensing' issues between/among the states:

Article IV, Section 1 - Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

7 posted on 10/27/2011 5:33:02 AM PDT by WayneS (Enlightened statesmen will not always be at the helm. -- James Madison)
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To: padre35
“Eh, Handgun Control inc. , may have a point, as much as I do not enjoy saying that, a State should be able to organize their affairs as they see fit.”

Not if it is to deny a right expressly spelled out in the constitution. They no more power to do that than they do to bring back slavery.

8 posted on 10/27/2011 5:34:15 AM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: padre35
...a State should be able to organize their affairs as they see fit.

A State should, right up until it starts infringing on our Rights. The Bill of Rights applies to all US Citizens living in US Controlled territory. Regardless of "home rule" cities or State "powers".

12 posted on 10/27/2011 5:52:16 AM PDT by Dead Corpse (Steampunk- Yesterday's Tomorrow, Today)
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To: padre35

Can a State regulate freedom of Religion or Free Speech as they please????? The 2nd has been incorporated and is the be enforced aganist State infringement.


15 posted on 10/27/2011 6:02:01 AM PDT by therut
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To: padre35

>Eh, Handgun Control inc. , may have a point, as much as I do not enjoy saying that, a State should be able to organize their affairs as they see fit.
>Then again, the same people who hypocritically advocate for State Sovereignty on this issue, have no problem tossing that overboard when the issue is something they support.

You are generally correct; however, most of the amendments [in the Bill of Rights] are written in the passive voice which indicates that the actor is irrelevant but the action is.
The sixth, for example, says “In all criminal prosecutions, the accused shall enjoy the right [...] to be informed of the nature and cause of the accusation[...]”

Therefore any prosecution, whether by federal or by state, should be covered, no?
Likewise, the second says: “the right of the people to keep and bear arms shall not be infringed.”

The non-general ones specify who is to be bound from doing what; like the first: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Oddly enough, what we see in jurisprudence is an inversion of sorts; they use the 14th amendment to justify a doctrine of ‘incorporation’ which, by their usage, is some magical process which transforms the text of the various amendments. For example, though Congress is specifically named in the first amendment, it has been used to justify prohibiting State legislatures from enacting laws as would be prohibited to Congress.


25 posted on 10/27/2011 5:07:16 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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