Quote:
Originally Posted by detbuch
Jim, at the time that the university ban was crafted, it was understood that the second amendment restricted only the federal government. As ReelinRod said "The 2nd Amendment had no force upon state or local gun laws." Which "necessarily means," as you put it, that the Second Amendment was absolute vis a vis the federal government, not for the States. Therefor Jefferson and Madison would not have objected to the university ban, but they would have objected to a federal government ban. That is a huge difference. What is being called for by present day gun controllers are federal bans.
Since Madison's and Jefferson's time, the federal government has snuck its foot into state territory and is now having some say in the matter. That's why I avoided the States Rights issue and explained the matter in terms of Constitutional congruity. But I see now, as is your wont to do, when you refuse to accept something, that's the end of the discussion for you.
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So what the two of you seem to be saying, is that at the time the Bill Of Rights was crafted, it only limited what the feds could do? The United States Constitution did not apply to the states? States were free to violate the constitution as they saw fit? I majored in math, not history, but that doesn't sound right at all. You're saying a state could pass a law banning Christianity, and the United States Constitution would not have trumped that state law?
"when you refuse to accept something, that's the end of the discussion for you"
Not so. I asked a question for the specific purpose of continuing the conversation. The supremacy clause is in the original draft of the constitution, I think, Article 6. It says pretty clearly that the US Constitution is the law of the land, "and that "the judges in every state shall be bound thereby,
any thing in the laws or constitutions of any state notwithstanding."
That suggests to me, that the state of VA was prohibited from passing any laws which didn't comply with the Constitution. The fathers thereby agreed that the campus ban, was not a violation of that amendment.
We don't need to argue over the second amendment as a litmus test for the constitutionality of limits on protected freedoms. The freedom of speech does not include threatening or child pornography. There are therefore limits to the freedoms guaranteed in the Bill Of Rights, which are not unconstitutional. That's all I am saying.