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To: MrB; y'all
OK, so they arrest the boys on charges, and it goes up the appeals process, and the USSC rules that "keep and BEAR" means no restrictions on individuals BEARING their arms.

There are statist/communitarian's here who claim the boys are only protected by their state constitution, - thus, - the USSC will not hear this case because the second amendment protects only against a federal infringement, not state infringement. -
- They also claim that if the second amendment protected open or concealed carry, all states would have to allow the right to bear arms. -- As if this were a bad thing.

Majority rule communitarians sure have some odd ideas about our Law of the Land, agreed?

109 posted on 06/01/2007 3:43:09 PM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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To: tpaine
There are statist/communitarian's here who claim the boys are only protected by their state constitution, - thus, - the USSC will not hear this case because the second amendment protects only against a federal infringement, not state infringement. -

The original intent of the federal Contitution was to limit the power of the federal goverment to specifically enumerated powers. That is why each state had its own constitution, which usually mirrored the federal one. Only relatively recently has the interpretation been such that the federal government (through the courts) sees itself as having jurisdiction over the state and local governments through the federal Constitution. It is a usurpation of power for the federal court system to think it can micro-manage, for example the administration of a local school district based on the federal Bill of Rights, a list of rights which were meant to limit the federal government's meddling in local affairs, not increase it. Worse yet is when federal courts place injunctions on or overturn state laws, such as prop 187 in California, using the Bill of Rights as an excuse. That is EXACTLY the type of overbearing, tyrannical centralized government that the founders were trying to prevent.

The thinking that you have, where the federal Constitution has jurisdiction over the States, actually grants the federal government MORE power, and reduces the States to mere serfs. At teh beginning of our country, it was inconceivable that the federal government would tell a local school board how to run its schools, but that is commonplace now, because, instead of protecting us FROM the federal government, the Bill of Rights has become a tool used BY the federal government against us. Now, when some federal activist judge decides he doesn't like the way some kids in a particular school are expressing anti-homosexual Christian scripture, he merely waves his hand and says that "separation of church and state" says these kids have to shut up. If that same judge wants to promote homosexuality in a school, he waves his hand and says "freedom of speech" for the gay parade. However, if we were to take the original intent of the federal Constitution, taht judge would have no power to meddle in local affairs because he can only use the Bill of Rights against FEDERAL law and FEDERAL agencies. Then, the citizens of each state can actually live free of the fear of the all-powerful federal goverment.
118 posted on 06/01/2007 4:53:02 PM PDT by fr_freak
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