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Old 07-27-2007, 01:06 AM   #81
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Originally Posted by Thorgrim View Post
And who are you to say that laws for public schools don't help execute the power of organizing and disciplining a public militia?
See, that's exactly the kind of bullshit overly-broad "interpretation", which I like to call "making shit up" and "abuse of power", that leads to things like the DEA raids in California.
 
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Old 07-27-2007, 01:12 AM   #82
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Absolutely meaningless? No

But it was cut down, specifically, so that it wasn't a sharp instrument to limit federal power, but rather stating a general guideline...the court has used the 10th amendment, but even conservative justices have leaned more to the "meaningless" side than the "useful" side...see conservative justices opinion in Darby

However, it's nice to see a general idea that even federalists didn't scrap the amendment all together, as a re-emphasis that should a power be totally up in the air, hey, let's try to and give it to the states or the people...let's not rush every new power or development to the federal government

which, practically, has come into use a lot, with that kind of attitude, the federal government didn't try to have a permanent monopoly on the forming internet
 
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Old 07-27-2007, 01:16 AM   #83
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Originally Posted by Joe_Cool View Post
See, that's exactly the kind of bullshit overly-broad "interpretation", which I like to call "making shit up" and "abuse of power", that leads to things like the DEA raids in California.
I'm just pointing to reasons people to the right of me (probably left of you) might use in justifying federal funding for public education

Personally, I think it clearly falls under the general welfare statement inside A1S8

However, sometimes, overly broad "interpretation" is needed because while it may come across as "silly" it's much less silly than trying to sit there and imagine how a group of uncooperating, infighting white males from the 1700s would deal with hybrid engines and all sorts of new technology that companies want the federal government to give at least general guidelines
 
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Old 07-27-2007, 11:42 AM   #84
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Originally Posted by Publius View Post
you do realize the Federalist will say nothing about the 2nd amendment, right? It was written as an argument for the adoption of the Constitution, and the 2nd amendment was passed along with the others in the Bill of Rights during the first session of Congress.
I was just talking about ALL the other documents associated with the founders and their reasons for including those restrictions.
 
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