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Re: Denied Illinois FOID card
Posted by -- on 1/14/08

    On 1/14/08, Guns wrote:
    > In the State of Illinois, a judge must take a second oath of office. Under 705 ILCS 35/2
    > states, in part, that "The several judges of the circuit courts of this State, before entering
    > upon the duties of their office, shall take and subscribe the following oath or affirmation,
    > which shall be filed in the office of the Secretary of State:
    >
    > 'I do solemnly swear (or affirm, as the case may be) that I will support the constitution of
    > the United States, and the constitution of the State of Illinois, and that I will faithfully
    > discharge the duties of judge of ______ court, according to the best of my ability.'"
    >
    > So your stament is incorrect concerning federal constitution, because the judge raised his
    hand
    > and swore he would protect the Federal constitution.


    As US courts currently interpret the 2nd amendment it is not applicable to the various states.
    States may make any laws regarding the control of firearms as they see fit to. This has always
    been the case.

    However a case before the Supreme Court this term challenges the long held view of the 2nd
    Amendment as a state right rather than a personal right.

    When our country was formed the big concern was that the federal government not have absolute
    power over state governments in all matters. The concept of dual sovereignty was developed.
    Certain matters the federal government has absolute authority over and certain maters are
    reserved for state control. The US Constitution always applies to the federal government and
    usually applies to state governments with some exceptions. The 7th amendment is one example of
    where the Constitution does not apply to states. The 7th Amendment applies to US Federal Courts
    but not state courts. In State court the 7h Amendment does not compel a trial by jury in a
    civil case. The following is the 7th Amendment:

    "In Suits at common law, where the value
    in controversy shall exceed twenty dollars,
    the right of trial by jury shall be preserved,
    and no fact tried by a jury, shall be otherwise
    re-examined in any Court of the United States,
    than according to the rules of the common law."

    Now a person might think that all courts in the US must give a person a trial by jury in a civil
    matter. Not so! This part of the Constitution only applies to the federal government not state
    governments.

    Likewise the 2nd Amendment only applies to the federal government not state governments. Dual
    sovereignty is extremely difficult to understand so don't feel alone in your misunderstanding.
    Until the Supreme Court rules otherwise, the 2nd Amendment does not restrict states from making
    their own gun control laws.

     
     

 
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