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To: billbears; Constitution Day
I would need to know more about the specifics of this case. I consider myself to be a staunch constitutionalist and recognize the importance of the right to keep and bear arms. But I also feel a little skeptical about applying the U.S. Constitution (a document written to enumerate the powers and limitations of the federal government) directly to state and city governments—the exception being, of course, those passages that specifically refer to states. This is an issue I am still exploring and I haven't really developed an "official" opinion on it as of yet.

This is certainly a point of contention among even those of a libertarian persuasion. Some argue that the Constituion is supposed to be applied directly to the states and cite the 2nd Amendment as an example. In their minds, any state law that somehow infringes upon the right to keep and bear arms is clearly unconstitutional. However, many of them will also turn around and argue that state laws permitting abortion should be considered constitutional, despite the fact that the 14th Amendment prohibits states from passing laws that deprive life without due process.

This would seem to be more of a First Amendment case; a person is being prohibited from referring to the Constitution. But we would then have to address the issue of whether or not the 1st Amendment was written with the states in mind. The language seems clear enough when it says, "Congress shall make no law...abridging the freedom of speech."

Many people hold the position that the 14th Amendment applied the Bill of Rights directly to the States, though I fail to see that exact language. The 14th Amendment essentially re-stated what had already been said in the 5th Amendment, but since the "ratification" of the 14th Amendment the general assumption has been that the Bill of Rights is now suddenly applicable to the states.

As I mentioned before, I am a staunch constitutionalist. I am also a firm believer in states' rights. In short, I'm not entirely 100% sure what my position is on this particular issue. And that's rare!

208 posted on 05/16/2002 12:30:55 PM PDT by sheltonmac
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To: sheltonmac
After reading I think I'm in agreement with you. I do see the 2nd Amendment issue however I do see the general government (as Jefferson called the national) infringement being an issue as well. What really caught my eye was the alleged statements made by the judge (and they will remain alleged until I can see a secondary source)
211 posted on 05/16/2002 12:40:12 PM PDT by billbears
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To: sheltonmac
I hereby amend my last post. I would like to insert the words "Article IV and" so that the affected section in paragraph 4 reads: "The 14th Amendment essentially re-stated what had already been said in Article IV and the 5th Amendment..."
215 posted on 05/16/2002 12:45:14 PM PDT by sheltonmac
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