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To: Ruy Dias de Bivar
"In the Dred Scott decision Justice John Taney concluded that if “persons of the Negro race” were considered citizens they would have the same rights as others."

Close.

If they were considered Citizens of the state in which they lived, then they would have the same rights as other Citizens of that state, including the right to keep and bear arms, free speech, etc. The individual right to keep and bear arm is protected by state constitutions.

The bottom line in Dred Scott was that the states did not have the power to declare "persons of the Negro race" citizens -- that was a power reserved to the federal government. Meaning the newly freed slaves had no rights at all (and were treated that way).

The solution was the 14th amendment, which declared them "citizens of the United States" and protected some basic privileges and immunities.

50 posted on 12/08/2007 6:50:07 AM PST by robertpaulsen
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To: All
I still do not understand why anyone would feel it necessary to write into their constitution a right for their military to have and hold weapons. Isn't that their job?

This amendment is meant for the people.

51 posted on 12/08/2007 7:04:01 AM PST by jeffc (They're coming to take me away! Ha-ha, he-he, ho-ho!)
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