TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 11 P21

Gale Encyclopedia of American Law Volume 11 P21 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW DISTRICT OF COLUMBIA V. HELLER 187 . 334 110 . 2418 110 312 1990 that there was a widespread fear that a national standing Army posed an intolerable threat to individual liberty and to the sovereignty of the separate States. Id. at 340 110 . 2418 emphasis added in dissent . However the dissent overlooks the other concern with standing armies that they would pose a threat to individual liberty. The language from Perpich is entirely consistent then with the view that the American people at large including the residents of the District would be equally threatened by the presence of a standing army. And it directly contradicts the dissent s position that the Second Amendment was concerned exclusively with the preservation of state power. Our dissenting colleague-in order to give a meaning to the people in the Second Amendment consistent with her interpretation-analo-gizes to the people in the Tenth Amendment. Dissent at 403 n. 5. Contrary to her suggestion however the Tenth Amendment does not limit the people to state citizens. Rather the Tenth Amendment reserves powers to the States respectively or to the people. The dissent provides no case holding that the people as used in the Tenth Amendment are distinct from the people referred to elsewhere in the Bill of Rights. The one case relied upon Lee v. Flintkote 593 1275 1278 n. 14 . is inapposite. That case merely contrasts the District on the one hand with the states on the other the meaning of the people as used in the Tenth Amendment was not at issue. Indeed Verdugo-Urquidez 494 . at 265 110 . 1056 directly contradicts the dissent s reading of the people in the Tenth Amendment just as it contradicts the restrictive reading of the people in the Second. V The third alternative argument the District presents is that even if the Second Amendment protects an individual right and applies to the District it does not bar the District s regulation indeed its .

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