Look at the history of the original 12 amendments submitted to the Congress for ratification as the Bill or Rights, they were known as the Rights of Citiizens, again are we to believe that when framing these amendments that the fourth one in the original list was the only one meant to apply to the states.
Here is an often little forgotten fact, the Bill of Rights has a preamble, and it states:
The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.
This means that the Bill of Rights supersede all other parts of our Constitution and restrict the powers of that Constitution.
If there is any doubt about the intention of the framers, one need only to look at the federalists and anti-federalists debates. The Bill of Rights was amended into the Constitution to protect the liberties of the individuals, not of the the states or the government.
Your argument over the 2nd Amendment applying only to the state is therefore historically inaccurate.
dmk Conservatism, I repeat is not an ideology. It does not breed fanatics....But if you want men who seek, reasonably and prudently, to reconcile the best in wisdom of our ancestors with the change which is essential to a vigorous civil social existence, then you will do well to turn to conservative principles -Russell Kirk- |