Re: CAN THE STATE MILITIAS EVER BE ABOLISHED?

On 25 Nov 2003 22:01:37 -0800, Leif Rakur <[EMAIL PROTECTED]> wrote:
>[EMAIL PROTECTED] (Jeffrey C. Dege) wrote in message news:<[EMAIL PROTECTED]>...
>> On 24 Nov 2003 15:52:45 -0800, Leif Rakur <[EMAIL PROTECTED]> wrote:
>> >
>> >Leif speaking:  The Second Amendment is NOT incorporated under the 14
>> >Amendment. 
>> 
>> True.  But since the primary purpose of the 14th was to apply the 2nd to
>> the states, that it is not can only be considered a travesty of justice.
>> 
>> >Presser is good law.  
>> 
>> Presser was never good law.  It is, though, what we're stuck with,
>> for the moment.
>
>Leif speaking: 
>
>"Apparently recognizing the inherent weakness of their reliance on
>Presser, appellants urge three additional arguments to buttress their
>claim that the second amendment applies to the states. They contend
>that: (1) Presser is no longer good law because later Supreme Court
>cases incorporating other amendments into the fourteenth amendment
>have effectively overruled Presser, Reichert br. at 52; (2) Presser is
>illogical, Quilici br. at 12; and (3) the entire Bill of Rights has
>been implicitly incorporated into the fourteenth amendment to apply to
>the states, Reichert br. at 48-52.
>None of these arguments has merit. First, appellants offer no
>authority, other than their own opinions, to support their arguments
>that Presser is no longer good law or would have been decided
>differently today. Indeed, the fact that the Supreme Court continues
>to cite Presser, Malloy v. Hogan, 378 U.S. 1, 4 n. 2, 84 S.Ct. 1489,
>1491 n. 2, 12 L.Ed.2d 653 (1964), leads to the opposite
>conclusion."(Quilici v. Village of Morton Grove, Seventh Circuit,
>1982)

In other words, as late as 1982 this perversion of justice was still
continuing.

-- 
A human being should be able to change a diaper, plan an invasion,
butcher a hog, conn a ship, design a building, write a sonnet, balance
accounts, build a wall, set a bone, comfort the dying, take orders, give
orders, cooperate, act alone, solve equations, analyze a new problem,
pitch manure, program a computer, cook a tasty meal, fight efficiently,
die gallantly.  Specialization is for insects.
                - R. A. Heinlein