Re: [SLUG-POL] 2nd Amend and State Laws

From: herrold (herrold@owlriver.com)
Date: Tue Aug 14 2001 - 10:28:31 EDT


On Mon, 13 Aug 2001, Paul M Foster wrote:

> > The 'Founding Fathers' full well intended an emasculated
> > federal power, with very restricted funding (basically tarrif
> > and excise taxes, and little else); very expressly delimited
> > powers, and much retention of local control.

> I can see that the framers intended the Fed Gov to be emasculated, but
> it's hard to imagine that they intended it to be _this_ emasculated.

Oh .. probably did -- the Magna Carta was a British 'States Rights'
document -- ceding control away from the central omnipotent Monarch
to the more local dukedoms. The re-growth of strong central
authority after the Restoration, the decimation of Scottish
independence (and leadership) 30 years before 1776 had to concern
the North Americal colonists about the evils of a strong central
government.

It
> must never have occurred to them that the "inalienable" rights granted
> by the federal Constitution would be trampled by the states.

Isn't 'inalienable' present only in the Declaration of Independence,
and not the Constitution? Oh -- there is the recent 'little
laboratories of Democracy' in the States analysis; but this is a
recent justifying invention of the federal Judiciary.

It is easier to not fear so much a local official subject to local
recall and correction.

<snip>
> This answers a question for me. With such a clear 2nd Amendment, it
> puzzled me why every gun control law enacted by a state was not met with
> a federal lawsuit.

TANSTAAFL. And, You need a good set of facts to go after a bad law.

The city of Cincinnati has received an education as to its
limitation of Concealed Carry recently with this text; the Texas
(5th federal apellate circuit) case opinion passing on a state court
opinion challenging Lautenberg in like fashion is expected
imminently.

-- Russ



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