mnottertail -> RE: Clarence Thomas America's Frodo Baggins (9/1/2011 12:26:23 PM)
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ORIGINAL: FirmhandKY quote:
ORIGINAL: mnottertail BZZZZZZZZZZZZZT! Survey says ZERO!!!!! Those are states rights issues, see the 10th. Chicago wants to limit usage and has no state constitutional beef with Illinois, go get em tiger. They are not anywhere saying you cannot own them, that would be sorta unconstitutional, if you get my drift. DC. Not a state, but same with Fed. Strawman and red herring. Not your average pickled fish, I guess. Ron, I'm not sure we are talking about the same thing. The current interpretation of the 2nd amendment is that it gives individual US citizens the right to bear personal arms, and that any law - be it federal, state or local - which abridges that right is unconstitutional. The Chicago lawsuits, and the DC lawsuits are examples of the implementation of that "old-new" interpretation. The 10th involves states' rights. Firm The old interpretation was 10th amendment states rights are to do what they want, but that the federal government wouldnt abridge the rights for the nation (in other words they would let the states (10th amendment) avoid federal overreach via the (2nd amendment) because the states-rights guys didnt want the federal government wholesale taking away right to keep and bear arms. and life went on that way for like that for 210 years. the new interpretation in 2008 and 2010 relies (as nearly every SCOTUS decision does) chiefly on the 14th amendment and the 2nd amendments sort of gluing into the 14th and saying that the fed had intended to overreach in this way, and it has that power to force the states to abide the second amendment. So, realistically this is the new way. But hey, look at me, I like it like that. so, in terms of this fight, the 2nd amendment is at odds with the 10th. if you take the 10th back, wouldnt that necessarily (pretty much like the equal opportunity laws) say that the 2nd is only for the purpose of condemning federal abridgement, but leaves the states (and if their constitutions are not amenable to the 2nd) the county the township the cities able to abridge the 2nd as a states-rights (10th) issue? Yeah, I know what I said at first and I know what amendment is what. And we are talking the same thing, but obviously from different views. I see the 10th as leading to several conundrums regards the other 'states rights' amdendments. (yeah, I read it and know its clumsy language Firm, but I am not going to tinker with it after all, you get the drift of what I am sayin).
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