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Examples
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The other disagreement on interpretation of Presser is the “individual” vs. “collective” nature of the RKBA.
The Volokh Conspiracy » The Second Amendment and People with Medical Marijuana User Cards 2010
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Presser is not about the 2nd amendment, it is about the use of police power to regulate parades.
The Volokh Conspiracy » The Second and Sixth Amendments 2010
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– It seems pretty clear that in Presser the Court is using “general government” as synonymous with “federal government.”
The Volokh Conspiracy » The Second Amendment and People with Medical Marijuana User Cards 2010
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It seems pretty clear that in Presser the Court is using “general government” as synonymous with “federal government.”
The Volokh Conspiracy » The Second Amendment and People with Medical Marijuana User Cards 2010
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Additionally, in Presser v. Illinois, the Supreme Court held that the Second Amendment “is a limitation only upon the power of congress and the national government, and not upon that of the state.”
Wonk Room » Factcheck: Judge Sotomayor’s Real Record On The Second Amendment 2009
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Sure, it calls Presser into question, but it did not remove the central holding.
The Volokh Conspiracy » Sonia Sotomayor versus the Second Amendment: 2009
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Chris Travers says: cboldt: From SCOTUS point of view in Presser, the reasons “states cannot, even laying the [2nd amendment] out of view, prohibit the people from keeping and bearing arms,” are that doing so would 1) “deprive the United States of their rightful resource for maintaining the public security;” and 2) “disable the people from performing their duty to the general government.”
The Volokh Conspiracy » The Second Amendment and People with Medical Marijuana User Cards 2010
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From SCOTUS point of view in Presser, the reasons “states cannot, even laying the [2nd amendment] out of view, prohibit the people from keeping and bearing arms,” are that doing so would 1) “deprive the United States of their rightful resource for maintaining the public security;” and 2) “disable the people from performing their duty to the general government.”
The Volokh Conspiracy » The Second Amendment and People with Medical Marijuana User Cards 2010
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PubliusFL says: cboldt: From SCOTUS point of view in Presser, the reasons “states cannot, even laying the [2nd amendment] out of view, prohibit the people from keeping and bearing arms,” are that doing so would 1) “deprive the United States of their rightful resource for maintaining the public security;” and 2) “disable the people from performing their duty to the general government.”
The Volokh Conspiracy » The Second Amendment and People with Medical Marijuana User Cards 2010
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That question, of course, was addressed by the Supreme Court’s decision in Presser v. Illinois which said that it does not.
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