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To: Mojave
except you argue that a state can invalidate it with a new law.
-- Not if their state constitution says otherwise. --

Not even then, according to the Presser case.

It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states, and, in view of this prerogative of the general government, as well as of its general powers, the states cannot, even laying the [second amendment] out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government. But, as already stated, we think it clear that [a state law that requires a parade permit] do[es] not have this effect.

79 posted on 06/04/2009 7:20:21 AM PDT by Cboldt
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To: Cboldt
"...the states cannot, even laying the [second amendment] out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security..."

True. That "rightful resource" being the power to call "forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions" in Section 8.

84 posted on 06/04/2009 7:26:01 AM PDT by Mojave (Don't blame me. I voted for McClintock.)
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