Posted by - on 10/05/07

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On 10/05/07, v wrote:
> Oh ... I get it now. That's why our
> federal judges can't figure out the
> constitutin, they missed those
> classes.

Not sure about judges but federalism (or dual sovereignty)
is a concept misunderstood by the general public as well
as law students. BTY; Just noticed a typo in my last post
I typed 11th Amendment when it should have been 10th
Amendment. I assume the reason no one corrected me is
that no one cares about the topic.

It would be nice to see a discussion about legal topics
that may not be clear to law students. Really--can
someone else do a better job of explaining why the 2nd
Amendment and 7th Amendment as well as part of the 5th
Amendment do not apply to states? It is an important
concept to understand in the study of law.
(hint: read the 10th Amendment)

As for those seeking advice about legal problems relating
to gun rights--get an attorney--this is a student
discussion board.

> On 10/05/07, who cares wrote:
>> On 10/05/07, v wrote:
>>> I don't know! What do it mean?
>>
>> The 11th Amendment describes dual
> sovereignty very well. Basically,
> if the US
>> Constitution or federal law does
> not reserve a power exclusively to
> the federal
>> government, it is granted to the
> states.
>>
>> We started this thread with
> someone claiming that the 2nd
> Amendment controlled gun
>> rights in all states. It is very
> common to hear someone claim their
> gun rights under
>> the 2nd amendment are being
> violated by a state or local
> government. WRONG! The 2nd
>> Amendment is one of a few parts of
> the Constitution that does not apply
> to state
>> government. It prevents the
> federal government from denying your
> gun rights but since
>> it does not specifically apply its
> terms to the states--under the 11th
> Amendment the
>> power to regulate guns is not
> denied the states.
>>
>> Federalism or dual sovereignty is
> a concept almost universally
> misunderstood. It
>> appears that law students also
> miss the critical point of how the
> Constitution works.
>> I'm sure some student out there
> can explain the concept better than
> I have. For
>> example; explain why the 13th
> Amendment applies to state
> government as well as federal
>> government but the 7th Amendment
> only applies to the federal
> government?
>>
>> OK class, this is a take home exam.

Re: Denied Illinois FOID card, 10/05/07, by -.

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