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To: firebrand

Be very careful in jumping in on this one. Using Uncle Remus’ ideas, “This one *is* a tar baby *in* a brier patch”.

Even on the surface it is a morass, a combination of rights and laws that involved everything from Reconstruction and the Ku Klux Klan, to the Black Panthers, vigilante organizations of several kinds, half a dozen constitutional amendments. The anarchists after WWI, civil rights in WWII, foreign nationals, non-gun weaponry, explosives and automatic weapons laws, etc., etc.

This is a nightmare. About the only issue that would be more difficult to legally hash out would be Indian law—and nobody is brave enough to even try to do that.

Literally, this could end up being so complicated, that the SCOTUS could not resolve it in six months. To do it right would take about two years, require extensive opinions by every justice, and rationalize over 230 years of American law.


10 posted on 05/28/2009 6:47:59 PM PDT by yefragetuwrabrumuy
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To: yefragetuwrabrumuy
Literally, this could end up being so complicated, that the SCOTUS could not resolve it in six months. To do it right would take about two years, require extensive opinions by every justice, and rationalize over 230 years of American law.

Nonsense. The division line is between 14A administrative status and the natural person of the pre-14A Constitution. And while "incorporation" is necessary for the former, the States are uniformly restricted by the pre-14A application of the Ninth & Tenth Amendments.

28 posted on 05/28/2009 8:44:09 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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