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f_townsend

(260 posts)
37. You keep saying "government"
Mon May 8, 2023, 11:23 AM
May 2023

As though there's no difference between the federal and state governments.

The 10A grants powers to the state government if those powers are otherwise unenumerated in the US constitution. It does not "prevent the government from creating new powers for itself that can encroach on personal freedoms".

For example, an individual of a state may claim the individual right to walk around nude in public wherever he or she goes, but the state government, elected by the will of the people -- i.e. "...or the people" -- has the 10A right to enact legislation prohibiting such a thing.

So no -- the 10A does not prevent the government from creating new powers that can encroach on unenumerated individual personal freedoms; as far as state government is concerned, it can do the opposite.

As far as the first two proposed amendments -- I mentioned them because you claim that the BOR has "everything" to do with individual rights, when clearly that was not at all its only purpose. The 2A, in fact, has everything to do with individual state rights (guaranteeing the right of individual states to host armed state militias, albeit constitutionally-bound to support the federal government), the collective state rights (state militias, pooled together to defend one another), and only barely individual rights (an individual constitutional right to keep arms -- but only if one actually participated in one's well-regulated state militia).

The 2A also had a lot to do with federal rights, because by guaranteeing that states could host and support their own respective well-regulated militias, presumably now better armed and better regulated by the 2A, the federal government and its laws would be better protected and enforced by those same state militias, by means of Article I, Section 8, clauses 15 & 16 (and the various Militia Acts).

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My 2nd amendment argument [View all] if..fish..had..wings May 2023 OP
That's not consistent with how "the people" TexasDem69 May 2023 #1
If the founding fathers had written the phrase "of the militia" to keep and bear arms... brush May 2023 #11
But isn't there two or three references in the Constitution... kentuck May 2023 #16
Sure, but "militias" doesn't mean every tom, dick and harry, crazy or not, who wants... brush May 2023 #17
This guy gives a good explaination Yo_Mama_Been_Loggin May 2023 #34
I think the Founding Fathers TexasDem69 May 2023 #18
One small thing, the 2nd does not say "not the militia" to keep and bear arms. brush May 2023 #20
It provided a constitutional right to keep arms only to those who participated in the militia f_townsend May 2023 #27
Bruen expands what Heller protects DetroitLegalBeagle May 2023 #32
Courts disagree. MarineCombatEngineer May 2023 #2
A corrupt SCOTUS does the gun lobby and the GOP's bidding f_townsend May 2023 #28
Noooooooo, MarineCombatEngineer May 2023 #33
And only male Wipepo..... jmbar2 May 2023 #3
IMO, there is a reason the well regulated militia part is first. Freethinker65 May 2023 #4
Yes, on point. Well-regulated militia's right to bear arms... brush May 2023 #22
The people owning arms were to be summoned like Minuteman to defend the State bucolic_frolic May 2023 #5
The Bill of Rights protects individual liberties from governmental intrusion. SYFROYH May 2023 #6
What individual liberties does the 10A protect? n/t f_townsend May 2023 #25
There are unspecified but if powers are not Fed or State, they are of the people. SYFROYH May 2023 #30
The 10A doesn't say that at all f_townsend May 2023 #35
In my opinion, it has to be interpreted in the context of the times. kentuck May 2023 #7
The very subject of the sentence is Militia. C_U_L8R May 2023 #8
So nothing in the Bill of Rights protects individual rights? hack89 May 2023 #9
But whose "individual rights"? kentuck May 2023 #13
Every right can be reasonably restricted hack89 May 2023 #19
What individual rights does the 10A protect? f_townsend May 2023 #26
All unenumerated rights not specifically mentioned in the Constitution hack89 May 2023 #31
You keep saying "government" f_townsend May 2023 #37
Let's cut to the chase re the 2A hack89 May 2023 #39
Actually, you didn't "cut to the chase" at all f_townsend May 2023 #40
That's nice hack89 May 2023 #41
The Democratic party platform when Obama ran specifically called out the 2A as an individual right. hack89 May 2023 #10
This place resembles 4chan when all the 2A enthusiasts emerge after a mass shooting occurs LonePirate May 2023 #12
Exactly Chautauquas May 2023 #14
I contacted the Admins about eliminating the Gungeon here at DU. I never heard back. CTyankee May 2023 #29
Always. Kingofalldems May 2023 #21
Are you implying that I am a 2A enthusiast? nt if..fish..had..wings May 2023 #23
The second amendment is pure unadulterated bullshit. hunter May 2023 #15
Are you thinking that I am defending the indefensible? if..fish..had..wings May 2023 #24
Where do the state militias fall in all of this? ripcord May 2023 #36
I'm not sure that is overall significant Kennah May 2023 #38
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