Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Monorprise
"The 2nd amendment doesn’t apply to the states anymore than your State legislator is referred to as Congress in the Federal Constitution rather than the State legislator."

Well, you might want to re-read Art 6 paragraph 2 and the preamble to the Bill of Rights.

Our current government may not be running this way, State and Federal, but then again... This isn't the government the Founders laid out in the Constitution either.

51 posted on 08/07/2014 5:43:10 AM PDT by Dead Corpse (Tri nornar eg bir. Binde til rota...)
[ Post Reply | Private Reply | To 41 | View Replies ]


To: Dead Corpse

We must be looking at a different “bill of rights” the one I have from the national archives preamble says this:

“Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.”

Source: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

I see nothing to suggest intent of incorporation against the states so ratifying.

All I have is the Ratified article’s twelve and eleven which were radifed as the 10th and 9th amendment’s respectively:

Article the eleventh... The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article the twelfth... The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Article eleventh(AKA 9th amendment) is seems quite explicitly on the matter of non-incorporation as one basic right of the people is the right to govern themselves with their own State and local Constitution. Indeed that is the same foundational right with which the Federal Constitution was created.


52 posted on 08/07/2014 2:43:50 PM PDT by Monorprise
[ Post Reply | Private Reply | To 51 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson