To: lepton
Respectfully, how so?
"A bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inferences." --Thomas Jefferson to James Madison, 1787. ME 6:388, Papers 12:440 |
216 posted on
02/10/2003 8:01:23 AM PST by
RKV
To: RKV
The 10th Amendment was passed to clarify that if the power was not given to the Federal Government in the Constitution, that it did not have said power, and the power instead belonged either to the States, or to the people. It did not relegate the States to being an echo of the Federal Government.
Now...that being said, I think a fair interpretation of the 2nd Amendment in context with other powers granted the FedGov would be each that the FedGov is prohibitted from "abridging" the "right of the people to keep and bear arms", both individually, and in a militia, and that the States MUST NOT interfere with the ability of its citizens to properly train and maintain a milita available for the FedGov to "[call] forth [...] to execute the laws of the union, suppress insurrections and repel invasions".
230 posted on
02/10/2003 8:49:13 AM PST by
lepton
To: RKV
As usual, Jefferson's rhetoric does not measure up to his actions. He had no problem with state prosecution of Federalist newspapers when they were critical of his administration. George Clinton, his ally and 2d VP, prosecuted the editor of a newspaper for criticizing TJ. Hamilton's masterful defense led to the NY law being changed.
Not only was the press not protected from State action but the states often established state churches. Jefferson's own state did so, to his mortification. Mass. had an established church, the Congregational, funded by taxpayers. States fined people for not attending church and prosecuted many actions which fall under privacy.
Slave states routinely prosecuted anti-slavery speakers, allowed presses to be destroyed even editors killed for speaking against the Slaverocracy. Magazines and newspapers were taken from the federal mails when anti-slavery. So much for freedom of the press and free speech.
Only when the amendments were blanket statements such as "...the right to keep and bear arms, shall not be infringed" or such as in the other amendments except for the First did they apply to the states.
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