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September 12, 2006
If It Is A State Right

I was reading a briefing in a pending Second Amendment case and it brought up an interesting point. If the Second Amendment is a right of the States, then didn't Abraham Lincoln violate that right when he demanded South Carolina disarm?

The other interesting item of how Constitutional law interacts, the Supreme Court ruled in Eldred v. Ashcroft the prefatory clause "To promote the Progress of Science and useful Arts" of the copyright and patent clause didn't limit the scope of Congress' authority to regulate patents and copyrights, then the prefatory phrase "A well regulated Militia being necessary to the security of a free State" doesn't limit the individual right in the Amendment.

Parker v. District of Columbia is the case in question.

Posted by hoffmang | September 12, 2006 10:45 PM


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