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	<title>Comments on: 2nd Amendment Victory? An Opposing View</title>
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		<title>By: NA-214-2010-07-04 &#171; No Agenda Mix</title>
		<link>http://tenthamendmentcenter.com/2010/06/30/2nd-amendment-victory-an-opposing-view/comment-page-1/#comment-429565</link>
		<dc:creator>NA-214-2010-07-04 &#171; No Agenda Mix</dc:creator>
		<pubDate>Sat, 08 Jan 2011 17:42:54 +0000</pubDate>
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		<description><![CDATA[[...] 2nd Amendment Victory? An Opposing View â€“ Tenth Amendment Center [...]]]></description>
		<content:encoded><![CDATA[<p>[...] 2nd Amendment Victory? An Opposing View â€“ Tenth Amendment Center [...]</p>
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		<title>By: scardog </title>
		<link>http://tenthamendmentcenter.com/2010/06/30/2nd-amendment-victory-an-opposing-view/comment-page-1/#comment-325349</link>
		<dc:creator>scardog </dc:creator>
		<pubDate>Sun, 11 Jul 2010 16:21:47 +0000</pubDate>
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		<description><![CDATA[one thing not mentioned in the article nor the letters that followed was the fact that the federal Government also included the states AND the people. The congressional branch of Government represents the states (the senate was originally appointed by the various states and not by popular vote). So the Bill of rights also includes the states since ... See Morethe states are part of the representative form of government. The supreme court original was a circuit court, with each of the 9 justices actually riding the circuit they represent and hearing cases alone, not as a 9 member body. we have 9 circuit courts to this day and for a case to reach the supreme court now the presiding justice has to see the case first. The reason the President is picked by electors from each state also gives the states yet another hand in the federal government. The states acted together through the federal government and are as much a part of that government as is the congress, the judicial and executive branches. the 9 &amp; 10 amendments made it clear anything not enumerated in the constitution was the rights of teh states and the people respectively. That limited the power of the federal government and left all other laws to be determined by the states and the people. that does NOT exclude the states and the people from the federal government which they had representation in. ]]></description>
		<content:encoded><![CDATA[<p>one thing not mentioned in the article nor the letters that followed was the fact that the federal Government also included the states AND the people. The congressional branch of Government represents the states (the senate was originally appointed by the various states and not by popular vote). So the Bill of rights also includes the states since &#8230; See Morethe states are part of the representative form of government. The supreme court original was a circuit court, with each of the 9 justices actually riding the circuit they represent and hearing cases alone, not as a 9 member body. we have 9 circuit courts to this day and for a case to reach the supreme court now the presiding justice has to see the case first. The reason the President is picked by electors from each state also gives the states yet another hand in the federal government. The states acted together through the federal government and are as much a part of that government as is the congress, the judicial and executive branches. the 9 &amp; 10 amendments made it clear anything not enumerated in the constitution was the rights of teh states and the people respectively. That limited the power of the federal government and left all other laws to be determined by the states and the people. that does NOT exclude the states and the people from the federal government which they had representation in. </p>
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		<title>By: NA-214-2010-07-04 &#171; No Agenda Show Notes</title>
		<link>http://tenthamendmentcenter.com/2010/06/30/2nd-amendment-victory-an-opposing-view/comment-page-1/#comment-325186</link>
		<dc:creator>NA-214-2010-07-04 &#171; No Agenda Show Notes</dc:creator>
		<pubDate>Sun, 04 Jul 2010 20:01:07 +0000</pubDate>
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		<description><![CDATA[[...] 2nd Amendment Victory? An Opposing View â€“ Tenth Amendment Center [...]]]></description>
		<content:encoded><![CDATA[<p>[...] 2nd Amendment Victory? An Opposing View â€“ Tenth Amendment Center [...]</p>
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		<title>By: NA-214-2010-07-04 &#171; No Agenda Show Notes</title>
		<link>http://tenthamendmentcenter.com/2010/06/30/2nd-amendment-victory-an-opposing-view/comment-page-1/#comment-325187</link>
		<dc:creator>NA-214-2010-07-04 &#171; No Agenda Show Notes</dc:creator>
		<pubDate>Sun, 04 Jul 2010 20:01:07 +0000</pubDate>
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		<description><![CDATA[[...] 2nd Amendment Victory? An Opposing View â€“ Tenth Amendment Center [...]]]></description>
		<content:encoded><![CDATA[<p>[...] 2nd Amendment Victory? An Opposing View â€“ Tenth Amendment Center [...]</p>
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		<title>By: Monorprise</title>
		<link>http://tenthamendmentcenter.com/2010/06/30/2nd-amendment-victory-an-opposing-view/comment-page-1/#comment-325180</link>
		<dc:creator>Monorprise</dc:creator>
		<pubDate>Sun, 04 Jul 2010 10:24:56 +0000</pubDate>
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		<description><![CDATA[As I have said before this court edict is at best a Pyrrhic Victory for gun rights.  Its only a matter of time and political opportunity before congress makes uses of the now evermore entrenched(and necessary) &quot;exceptions&quot; to the 2nd amendment to effectively (thou not explicitly) ban guns everywhere.   
   
If the 2nd amendment was 6 feet under before it&#039;s now an extra 2 or 3 feet even more deeply under the water.   
. 
 
Chicago is already taking advantage of them: &lt;a href=&quot;http://www.suntimes.com/news/cityhall/2458402,new-chicago-gun-law-passed-070210.article&quot; rel=&quot;nofollow&quot;&gt;http://www.suntimes.com/news/cityhall/2458402,new...&lt;/a&gt; ]]></description>
		<content:encoded><![CDATA[<p>As I have said before this court edict is at best a Pyrrhic Victory for gun rights.  Its only a matter of time and political opportunity before congress makes uses of the now evermore entrenched(and necessary) &quot;exceptions&quot; to the 2nd amendment to effectively (thou not explicitly) ban guns everywhere.   </p>
<p>If the 2nd amendment was 6 feet under before it&#039;s now an extra 2 or 3 feet even more deeply under the water.<br />
. </p>
<p>Chicago is already taking advantage of them: <a href="http://www.suntimes.com/news/cityhall/2458402,new-chicago-gun-law-passed-070210.article" rel="nofollow"></a><a href="http://www.suntimes.com/news/cityhall/2458402,new" rel="nofollow">http://www.suntimes.com/news/cityhall/2458402,new</a>&#8230; </p>
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		<title>By: Monorprise</title>
		<link>http://tenthamendmentcenter.com/2010/06/30/2nd-amendment-victory-an-opposing-view/comment-page-1/#comment-325179</link>
		<dc:creator>Monorprise</dc:creator>
		<pubDate>Sun, 04 Jul 2010 10:16:46 +0000</pubDate>
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		<description><![CDATA[You said among the rights he wanted to be secured in the 14th amendment was &quot;to claim the benefit of the writ of habeas corpus&quot;  
  
I find this amusing as it was the &quot;writ of Habeas corpus&quot; that he and his president Lincoln had ignored during the &quot;Civil War&quot; they even tried to jail a federal judge for daring to call them out on that account.  
  
In any case whether your right or wrong about what not only congress proposed but the states ratified in 1868.   The 14th amendment should be repealed along with the 16th and 17th,  and replaced with a more simple and to the point clause:  
  
&quot;Race shall not be a factor in any law made or enforced by either the State or Federal governments of the United States.&quot; ]]></description>
		<content:encoded><![CDATA[<p>You said among the rights he wanted to be secured in the 14th amendment was &quot;to claim the benefit of the writ of habeas corpus&quot;  </p>
<p>I find this amusing as it was the &quot;writ of Habeas corpus&quot; that he and his president Lincoln had ignored during the &quot;Civil War&quot; they even tried to jail a federal judge for daring to call them out on that account.  </p>
<p>In any case whether your right or wrong about what not only congress proposed but the states ratified in 1868.   The 14th amendment should be repealed along with the 16th and 17th,  and replaced with a more simple and to the point clause:  </p>
<p>&quot;Race shall not be a factor in any law made or enforced by either the State or Federal governments of the United States.&quot; </p>
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		<title>By: Rick Montes</title>
		<link>http://tenthamendmentcenter.com/2010/06/30/2nd-amendment-victory-an-opposing-view/comment-page-1/#comment-325172</link>
		<dc:creator>Rick Montes</dc:creator>
		<pubDate>Sun, 04 Jul 2010 00:20:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6275#comment-325172</guid>
		<description><![CDATA[It is very clear that the Bill of Rights was intended as a limitation on the Federal government only, not the States. I don&#039;t believe there can be an honest debate refuting this issue. The question then remains to be; whether or not the 14th Amendment &quot;incorporates&quot; the Bill of Rights and makes them enforceable upon the States. If that is the case, what &#8220;privileges and immunities&#8221; are you referring to that, &quot;No State shall make or enforce&quot;? The right to vote? That did not happen for Women, Blacks and American Indians until years later. The &quot;right&quot; to an abortion? The &quot;right&quot; to privacy? As I wrote in the article, not many people at the time of the debating believed that the 14th Amendment &quot;incorporated&quot; the Bill of Rights. It would have been made very clear if it was.   
 
In his book &#8220;America&#8217;s Constitution&#8221;, Akhil Reed Amar, a firm believer in Federal supremacy in almost every situation, clearly writes about his interpretation of the Fourteenth Amendment: 
 
&#8220;Nowadays, the Fourteenth Amendment&#8217;s second sentence (No State shall&#8230;.) is the handiest constitutional tool in the judicial kit bag, a constitutional provision deployed in court more often than any other-more often, perhaps than all the others combined. As a formal matter, this single sentence has come into play in most of the major constitutional cases decided by the modern Supreme Court.&#8221; 
 
He glowingly continues...&#8221;Today&#8217;s Court construes these words to safeguard a vast array of rights against the States-both substantive rights (like freedom of religion and expression) and procedural rights (such as criminal defendant&#8217;s entitlement to appointed counsel and trial by jury); both rights enumerated elsewhere in the Constitution (especially in the Bill of Rights) and unenumerated rights (most important, rights of privacy and sexual freedom); both political rights (paradigmatically the right to vote, hold office, and serve on juries) and nonpolitical civil rights (including rights of minors, aliens, and other nonvoters)&#8221;. 
 
There is just no reasonable way that the Supreme Court could have interpreted the Fourteenth Amendment to include all of these &#8220;safeguards&#8221;. If one truly studies the history behind ratification of our Constitution they would behold a deeply held jealousy of States rights. The Constitution would never have been ratified if these men believed that the Federal government would usurp these powers from the States. 
 
This debate can go round and round. We will never convince those who agree with Akhil Amar.  Our modern Court has trampled the Constitution to near death and these folks cheer over the consolidation of the Union. However, the tide is turning. The people are awakening from their slumber and are beginning to understand the roots of our Constitution. Huzzah! 
 
 It is only a matter of time until these modern day Federalist are relieved of power once again and the Jeffersonian idea of government returns. The Tenth Amendment Center is the spearhead of the return. Huzzah!!! 
 ]]></description>
		<content:encoded><![CDATA[<p>It is very clear that the Bill of Rights was intended as a limitation on the Federal government only, not the States. I don&#039;t believe there can be an honest debate refuting this issue. The question then remains to be; whether or not the 14th Amendment &quot;incorporates&quot; the Bill of Rights and makes them enforceable upon the States. If that is the case, what &ldquo;privileges and immunities&rdquo; are you referring to that, &quot;No State shall make or enforce&quot;? The right to vote? That did not happen for Women, Blacks and American Indians until years later. The &quot;right&quot; to an abortion? The &quot;right&quot; to privacy? As I wrote in the article, not many people at the time of the debating believed that the 14th Amendment &quot;incorporated&quot; the Bill of Rights. It would have been made very clear if it was.   </p>
<p>In his book &ldquo;America&rsquo;s Constitution&rdquo;, Akhil Reed Amar, a firm believer in Federal supremacy in almost every situation, clearly writes about his interpretation of the Fourteenth Amendment: </p>
<p>&ldquo;Nowadays, the Fourteenth Amendment&rsquo;s second sentence (No State shall&hellip;.) is the handiest constitutional tool in the judicial kit bag, a constitutional provision deployed in court more often than any other-more often, perhaps than all the others combined. As a formal matter, this single sentence has come into play in most of the major constitutional cases decided by the modern Supreme Court.&rdquo; </p>
<p>He glowingly continues&#8230;&rdquo;Today&rsquo;s Court construes these words to safeguard a vast array of rights against the States-both substantive rights (like freedom of religion and expression) and procedural rights (such as criminal defendant&rsquo;s entitlement to appointed counsel and trial by jury); both rights enumerated elsewhere in the Constitution (especially in the Bill of Rights) and unenumerated rights (most important, rights of privacy and sexual freedom); both political rights (paradigmatically the right to vote, hold office, and serve on juries) and nonpolitical civil rights (including rights of minors, aliens, and other nonvoters)&rdquo;. </p>
<p>There is just no reasonable way that the Supreme Court could have interpreted the Fourteenth Amendment to include all of these &ldquo;safeguards&rdquo;. If one truly studies the history behind ratification of our Constitution they would behold a deeply held jealousy of States rights. The Constitution would never have been ratified if these men believed that the Federal government would usurp these powers from the States. </p>
<p>This debate can go round and round. We will never convince those who agree with Akhil Amar.  Our modern Court has trampled the Constitution to near death and these folks cheer over the consolidation of the Union. However, the tide is turning. The people are awakening from their slumber and are beginning to understand the roots of our Constitution. Huzzah! </p>
<p> It is only a matter of time until these modern day Federalist are relieved of power once again and the Jeffersonian idea of government returns. The Tenth Amendment Center is the spearhead of the return. Huzzah!!! </p>
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		<title>By: Getgene</title>
		<link>http://tenthamendmentcenter.com/2010/06/30/2nd-amendment-victory-an-opposing-view/comment-page-1/#comment-325169</link>
		<dc:creator>Getgene</dc:creator>
		<pubDate>Sat, 03 Jul 2010 20:16:55 +0000</pubDate>
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		<description><![CDATA[If I injure someone, I am liable.  If I am very negligent, I can go to jail. While it sounds reasonable that a government might pass laws about foolish behavior, why is it?  Will someone not shoot into the air because of a criminal law but not because it could be negligent?  Is the law a felony?  Why?   
 
As we see today, if you give somes states a half an inch, they will try to throw open the door. Some states and statists don&#039;t care about shooting in the air, they are seeking power and their best plan is to remove resistance. Our founding fathers pointed out the need for keeping local power and control and things have only gotten worse. You don&#039;t &quot;compromise&quot; your rights.  If you do, you didn&#039;t really believe they were 
 
As to cars, driving is a privilege, not a right. I can and is controlled. ]]></description>
		<content:encoded><![CDATA[<p>If I injure someone, I am liable.  If I am very negligent, I can go to jail. While it sounds reasonable that a government might pass laws about foolish behavior, why is it?  Will someone not shoot into the air because of a criminal law but not because it could be negligent?  Is the law a felony?  Why?   </p>
<p>As we see today, if you give somes states a half an inch, they will try to throw open the door. Some states and statists don&#039;t care about shooting in the air, they are seeking power and their best plan is to remove resistance. Our founding fathers pointed out the need for keeping local power and control and things have only gotten worse. You don&#039;t &quot;compromise&quot; your rights.  If you do, you didn&#039;t really believe they were </p>
<p>As to cars, driving is a privilege, not a right. I can and is controlled. </p>
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		<title>By: Michael Boldin</title>
		<link>http://tenthamendmentcenter.com/2010/06/30/2nd-amendment-victory-an-opposing-view/comment-page-1/#comment-325096</link>
		<dc:creator>Michael Boldin</dc:creator>
		<pubDate>Fri, 02 Jul 2010 15:33:10 +0000</pubDate>
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		<description><![CDATA[Stephen - you should email us with the text of your comment so we can check our filters out!   And, if you use a lot of links or certain language your comments are going to get stuck from time to time...]]></description>
		<content:encoded><![CDATA[<p>Stephen &#8211; you should email us with the text of your comment so we can check our filters out!   And, if you use a lot of links or certain language your comments are going to get stuck from time to time&#8230;</p>
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		<title>By: TextualistDude</title>
		<link>http://tenthamendmentcenter.com/2010/06/30/2nd-amendment-victory-an-opposing-view/comment-page-1/#comment-325095</link>
		<dc:creator>TextualistDude</dc:creator>
		<pubDate>Fri, 02 Jul 2010 12:59:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6275#comment-325095</guid>
		<description><![CDATA[Exactly correct.  The 1st amendment refers to CONGRESS because Congress passes laws.  If the BoR were intended to apply as against the States, the 1st amendment would have referred to &quot;NO LEGISLATURE&quot; or words to that effect in order to include the State legislatures.  Such language is simply NOT THERE.   
 
This is just further evidence (though none is needed if you read the preamble to the BoR) that the US Constitution was primarily drafted to define the scope of the FEDERAL government - not the states. 
 
Walter&#039;s argument is also inconsistent.  He says, for example, the 1st amendment &quot;means exactly what it says&quot; but then he goes on to say that the 1st amendment&#039;s restrictions apply to the states &quot;implicitly.&quot;   That&#039;s one big jump to make for something that means EXACTLY what it says! 
 
As usual, I find it odd that so many people who visit this web site WANT to expand the power of the federal government... 
 
 ]]></description>
		<content:encoded><![CDATA[<p>Exactly correct.  The 1st amendment refers to CONGRESS because Congress passes laws.  If the BoR were intended to apply as against the States, the 1st amendment would have referred to &quot;NO LEGISLATURE&quot; or words to that effect in order to include the State legislatures.  Such language is simply NOT THERE.   </p>
<p>This is just further evidence (though none is needed if you read the preamble to the BoR) that the US Constitution was primarily drafted to define the scope of the FEDERAL government &#8211; not the states. </p>
<p>Walter&#039;s argument is also inconsistent.  He says, for example, the 1st amendment &quot;means exactly what it says&quot; but then he goes on to say that the 1st amendment&#039;s restrictions apply to the states &quot;implicitly.&quot;   That&#039;s one big jump to make for something that means EXACTLY what it says! </p>
<p>As usual, I find it odd that so many people who visit this web site WANT to expand the power of the federal government&#8230; </p>
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