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To: kennyo
"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." -- Barron v. Baltimore 7 Pet. 243 (1833)

"The Fifth Amendment provides, among other things, that no person shall be held to answer for a capital or otherwise infamous crime unless on presentment or indictment of a grand jury. This court has held that, in prosecutions by a state, presentment or indictment by a grand jury may give way to informations at the instance of a public officer. Hurtado v. California, 110 U.S. 516 , 4 S.Ct. 111, 292; Gaines v. Washington, 277 U.S. 81, 86 , 48 S.Ct. 468, 470. The Fifth Amendment provides also that no person shall be [302 U.S. 319, 324] compelled in any criminal case to be a witness against himself. This court has said that, in prosecutions by a state, the exemption will fail if the state elects to end it. Twining v. New Jersey, 211 U.S. 78, 106 , 111 S., 112, 29 S.Ct. 14. Cf. Snyder v. Massachusetts, supra, 291 U.S. 97 , at page 105, 54 S.Ct. 330, 332, 90 A.L.R. 575; Brown v. Mississippi, 297 U.S. 278, 285, 56 S.Ct. 461, 464. The Sixth Amendment calls for a jury trial in criminal cases and the Seventh for a jury trial in civil cases at common law where the value in controversy shall exceed $20. This court has ruled that consistently with those amendments trial by jury may be modified by a state or abolished altogether. Walker v. Sauvinet, 92 U.S. 90 ; Maxwell v. Dow, 176 U.S. 581 , 20 S.Ct. 448, 494; New York Central R.R. Co. v. White, 243 U.S. 188, 208 , 37 S.Ct. 247, L.R.A.1917D, 1, Ann. Cas.1917D, 629; Wagner Electric Co. v. Lyndon, 262 U.S. 226, 232 , 43 S.Ct. 589, 591. As to the Fourth Amendment, one should refer to Weeks v. United States, 232 U.S. 383, 398 , 34 S.Ct. 341, L.R. A. 1915B, 834, Ann.Cas. 1915C, 1177, and as to other provisions of the Sixth, to West v. Louisiana, 194 U.S. 258 , 24 S.Ct. 650." -- PALKO v. STATE OF CONNECTICUT, 302 U.S. 319 (1937)

"The Second Amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by Congress." -- US Supreme Court, U.S. v. Cruikshank, 92 U.S. 542 (1875), Presser v. State of Illinois, 116 U.S. 252 (1886)

"To suppose arms in the hands of citizens, to be used at individual discretion, except in private self-defense, or by partial orders of towns, countries or districts of a state, is to demolish every constitution, and lay the laws prostrate, so that liberty can be enjoyed by no man; it is a dissolution of the government. The fundamental law of the militia is, that it be created, directed and commanded by the laws, and ever for the support of the laws." -- John Adams

110 posted on 09/20/2002 10:07:16 AM PDT by Roscoe
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To: Roscoe
These amendments demanded security against the apprehended encroachments of the general government--not against those of the local governments."

I for one will not let my state(ca) decide that the federal government does not pose a threat to me.

The Fifth Amendment provides also that no person shall be [302 U.S. 319, 324] compelled in any criminal case to be a witness against himself.

Except,of course you must by federal law file an income tax return.

"The Second Amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by Congress." -

Then why didn't the drafters start the second amendment like the first,i.e.,Congress shall make no law...?

The right to defend one's self inures with being,it is not granted by ANY government entity.It may not be rescinded by ANY gov't entity,congress,board of supes,Scotus,none.You can cite case law til you're blue in the face.

174 posted on 09/20/2002 11:21:12 AM PDT by kennyo
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