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Old 01-26-2008, 03:41 PM
Bob Drake Bob Drake is offline
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Quote:
Originally Posted by Europe Rick View Post

SCOTUS then opines that since the blacks were not meeting, "in respect to public affairs and to petition for a redress of grievances" there was no federal protection issue. The Court then turns to the second count and begins this exposition with:
"The second and tenth counts are equally defective. The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. 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. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow citizens of the rights it recognizes, to [the states]."
It is quite clear that the Court's arguments regarding the right to assemble are congruent with the right to arms and can be read as flowing through both expositions.

Let's revisit the quote again:
The right to arms, "is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence."
What about the second part of the quote?

Quote:
"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. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow citizens of the rights it recognizes, to [the states.]"
Could this mean that my state can infringe (violate, transgress-encroach, trespass) on my inherent right ever since the Big Bang to own a bang-bang?
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