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To: Roscoe
"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)

As such, the same applies to any other Amendment within the Bill of Rights. And accordingly, the Supreme Court erred when it declared abortion a Constitutional Right.

399 posted on 09/21/2002 3:36:14 PM PDT by FormerLurker
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To: FormerLurker
You may find Rehnquist's dissent of interest:

http://members.aol.com/abtrbng/410r1.htm
403 posted on 09/21/2002 3:45:36 PM PDT by Roscoe
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To: FormerLurker
Just for grins, I thought y'all might like to see the whole paragraph from Presser that makes the assertion previously quoted:
The provision in the Second Amendment to the Constitution, that "the right of the people to keep and bear arms shall not be infringed," is a limitation only on the power of Congress and the national government, and not of the States. But in view of the fact that all citizens capable of bearing arms constitute the reserved military force of the national government as well as in view of its general powers, the States cannot prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security
Now that puts it in a little different light, doesn't it? First they assert that the Amendments apply only to acts of Congress, and then shrug and say that it doesn't apply in the case of arms since that would deprive the national government of its "rightful resource".

Funny how that part of the decision seems to not come up.

408 posted on 09/21/2002 4:02:07 PM PDT by Regulator
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