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Posted: 9/16/2004 6:46:03 AM EST
[Last Edit: 9/16/2004 6:47:42 AM EST by Leisure_Shoot]
Writing a letter to editor
thanks
Link Posted: 9/16/2004 6:58:51 AM EST
Link

This gives an explanation of rights belonging to people, powers belong to the government.
Link Posted: 9/16/2004 7:04:37 AM EST
This is one of the "Argument from Construction" approaches to defending the 2nd Amendment.

That is that EVERY other instence the phrase "of the people" is used in it refers to individuals.
Link Posted: 9/16/2004 7:06:44 AM EST
thanks... this is the part I was looking for.


RIGHT OF THE PEOPLE
Anti-gun writers cite my article (83 Michigan Law Review, pp. 204-273) as the definitive standard-model treatment. Yet, remarkably, these anti-gun writers give only that one initial mention. If they have answers to the 50 pages of evidence I offer for the standard model, they neglect to offer them. So I shall limit myself to just two examples of my unrefuted evidence.

Written by James Madison, the Bill of Rights was enacted as a single document. Whenever it says "right of the people," it does so to describe individual rights. To ignore this point you must think that in the First Amendment Madison used "right of the people" to describe an individual right. But then, 16 words later, he used it in the Second Amendment meaning a state's right. But then, 46 words later, the Fourth Amendment says "right of the people" meaning an individual right again. And then "right of the people" was used in the Ninth Amendment to mean--guess what--a right of the people.

In fact, throughout the Bill of Rights and the Constitution the word "right" is always used to refer to something individuals have and never used to refer to powers possessed by government. Such powers are always called "power" or "authority."


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