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Politics : The 2nd Amendment-- The Facts........ -- Ignore unavailable to you. Want to Upgrade?

To: Wayners who wrote (1750)	9/27/2003 5:58:18 PM
From: Gordon A. Langston	Read Replies (2) \| Respond to of 10167

I just got a new book on Supreme Court Gun Cases by Kope, Halbrook and Korwin, the leading scholars on this matter. Here is an excerpt. "The Henigan/Bogus state's right theory, however, requires us to believe that when Congress sent the Bill of Rights to the states, Congress first listed four individual rights (in the First Amendment) then created a state's right (in the 2nd Amendment) and then reverted to a litany of individual rights (Amendments 3 through 8). Finally Congress explicitly guaranteed a state's right in the Tenth Amendment. While Congress used "the people" to refer to people in the First, Fourth, and Ninth Amendments, Congress used "the people" to mean "state governments" in the 2nd Amendment. Finally, even though Congress had used "the people" in the 2nd to mean "the states," Congress in the Tenth Amendment explicitly distinguished "the people" from "the states," reserving powers "to the States respectively, or to the people." Which reading is more sensible: Black/Howard/Dawes reading, under which "the people" means the same thing throughout the Bill of Rights and which makes all of the first eight Amendments into a straightforward list of individual rights or the Henigan/Bogus theory, which requires that "the people" change meanings repeatedly, and which inserts a state's right in the middle of a litany of individual rights."