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Reply #6: Good for Tribe. Sorry however that Obama does not agree with Tribe on the 2nd Amendment [View All]

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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-14-07 12:16 PM
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6. Good for Tribe. Sorry however that Obama does not agree with Tribe on the 2nd Amendment
"{The Second Amendment's} central purpose is to arm "We the People" so that ordinary citizens can participate in the collective defense of their community and their state. But it does so not through directly protecting a right on the part of states or other collectivities, assertable by them against the federal government, to arm the populace as they see fit. Rather the amendment achieves its central purpose by assuring that the federal government may not disarm individual citizens without some unusually strong justification consistent with the authority of the states to organize their own militias. That assurance in turn is provided through recognizing a right (admittedly of uncertain scope) on the part of individuals to possess and use firearms in the defense of themselves and their homes--not a right to hunt for game, quite clearly, and certainly not a right to employ firearms to commit aggressive acts against other persons--a right that directly limits action by Congress or by the Executive Branch and may well, in addition, be among the privileges or immunities of United States citizens protected by � 1 of the Fourteenth Amendment against state or local government action."

(Laurence H. Tribe, 1 American Constitutional Law 902 n.221 {3d ed. 2000}
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