| We fundamentally disagree.
When the founders used the word "people" it did not mean "states" or "governments". It simply meant individual persons. The authors were clearly reaching down and making sure that individual state governments would not, or could not restrict individual rights or liberties expressly granted in the constitution.
Your implication that Article 2 is superfluous language makes no sense. All language in the constitution(s) has both general and specific application. The Appeals Courts in Maryland seem to agree:
ABRAMS v. LAMONE, 398 Md. 146 (2007)
[fn2] It should be noted that Article 2 of the Maryland
Declaration of Rights mandates that federal law "shall be the
Supreme Law of the State. . . ." Consequently, "federal law" is
"Maryland law." See R.A. Ponte Architects, Ltd. v.
Investors' Alert, 382 Md. 689, 698-701, 857 A.2d 1, 6-8
(2004), and cases there cited.
COSA and COA both have published nearly identical statements in numerous cases over the years.
I can't explain why it hasn't been argued in a 2nd Amendment case, but I would hold that it should be.
Either the constitutions of our country say what they mean and mean what they say, or all is lost and there is no freedom. |