To: Viva Le Dissention
No, no, this man is absolutely correct. The US Constitution provides no protection against state infringement of the 2nd Amendment. Wrong.
"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." -- Excerpt, Amendment XIV, U.S. Constitution.
59 posted on
09/20/2002 7:38:45 AM PDT by
Sloth
To: Sloth
Wrong.
As we have noted, the parties agree that Presser is
controlling, but disagree as to what Presser held. It is difficult
to understand how appellants can assert that Presser supports the
theory that the second amendment right to keep and bear arms is a
fundamental right which the state cannot regulate when the Presser
decision plainly states that "[t]he Second Amendment declares that
it shall not be infringed, but this . . . means no more than that
it shall not be infringed by Congress. This is one of the
amendments that has no other effect than to restrict the powers of
the National government . . . " Presser v. Illinois, 116 U.S. 252,
265, 6 S.Ct. 580, 584, 29 L.Ed. 615 (1886).
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