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To: Roscoe; BillofRights
To: BillofRights
[The Second Amendment was a restriction on Congressional powers.]
Are you implying that the Second Amendment was NOT a restriction on government -- that the Executive and Judicial branches could violate "the Peoples" 2nd Amendment Right?
"The Executive and Judicial branches aren't supposed to make law..."
# 481 by Roscoe

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All three branches, even the Executive, or enforcement branch, are required to follow the Constitution.

487 posted on 05/17/2002 12:28:12 AM PDT by exodus
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To: exodus
All three branches, even the Executive, or enforcement branch, are required to follow the Constitution.

And the Second Amendmend forbids the federal government from infringing the right of the people to keep and bear arms.

"The relevant historical materials have been canvassed by this Court and by legal scholars. These materials demonstrate conclusively that Congress and the members of the legislatures of the ratifying States did not contemplate that the Fourteenth Amendment was a short-hand incorporation of the first eight amendments making them applicable as explicit restrictions upon the States." -- United States Supreme Court, BARTKUS v. ILLINOIS, 359 U.S. 121 (1959)

"But it is universally understood, it is a part of the history of the day, that the great revolution which established the constitution of the United States, was not effected without immense opposition. Serious fears were extensively entertained that those powers which the patriot statesmen, who then watched over the interests of our country, deemed essential to union, and to the attainment of those invaluable objects for which union was sought, might be exercised in a manner dangerous to liberty. In almost every convention by which the constitution was adopted, amendments to guard against the abuse of power were recommended. These amendments demanded security against the apprehended encroachments of the general government--not against those of the local governments." -- United States Supreme Court, Barron v. Baltimore, 7 Pet. 243 (1833)


489 posted on 05/17/2002 12:39:45 AM PDT by Roscoe
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