To: 45Auto
As stated in the preamble, the only purpose of the proposed amendments was to prevent the federal government from "misconstruing or abusing its powers."
"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." -- US Supreme Court, U.S. v. Cruikshank, 92 U.S. 542 (1875), Presser v. State of Illinois, 116 U.S. 252 (1886)
2 posted on
06/12/2003 11:41:04 AM PDT by
Roscoe
To: Roscoe
As stated in the preamble, the only purpose of the proposed amendments was to prevent the federal government from "misconstruing or abusing its powers." "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." -- US Supreme Court, U.S. v. Cruikshank, 92 U.S. 542 (1875), Presser v. State of Illinois, 116 U.S. 252 (1886)
Then by extension, the States would be free to deny our freedom of religion, speech, assembly......
To: Roscoe
"In the Second, it is declared.....that "the right of the people to keep and bear arms shall not be infringed." The prohibition is general. No clause in the Constitution could, by any rule of construction, be concieved to give the Congress a power to disarm the people. A flagitious attempt could only be made under some general pretense by a State legislature. But if, in any blind pursuit of inordinate power, either [the State or federal government] should attempt it, this Amendment may be appealed to as a restraint on both."
William Rawle, "View of the Constitution", 1825
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