Post by Andrew Swallow Post by jonathan
'A well regulated militia being necessary to the security of a
free state, the right of the people to keep and bear arms
shall not be infringed."
There are two parts of course to the amendment, but the
relationship between them can be interpreted in ...two
One, the militia half could....qualify...the second part so that
the individual right only exists in the narrow context of a militia.
writings of the various Founders were clear about the CITIZENS having
arms,not just in militia duty or membership.
Thomas Jefferson: "No free man shall ever be debarred the use of arms." (T.
Jefferson papers, 334, C.J. Boyd, Ed. 1950)
Thomas Jefferson: "What country can preserve its liberties if their rulers
are not warned from time to time that their people preserve the spirit of
resistance. Let them take arms." (Thomas Jefferson to James Madison)
Thomas Jefferson: "Laws that forbid the carrying of arms...disarm only
those who are neither inclined or determined to commit crimes. Such laws
only make things worse for the assaulted and better for the assassins; they
serve to encourage than to prevent homicides, for an unarmed man may be
attacked with greater confidence than an armed man." (1764 Letter and
speech from T. Jefferson quoting with approval an essay by Cesare Beccari)
John Adams: "Arms in the hands of citizens may be used at individual
discretion in private self defense." (A defense of the Constitution of the
Samuel Adams: "The Constitution shall never be construed to prevent the
people of the United States who are peaceable citizens from keeping their
own arms." (Convention of the Commonwealth of Mass., 86-87, date still
George Washington: "Firearms stand next in importance to the Constitution
itself. They are the people's liberty teeth (and) keystone... the rifle and
the pistol are equally indispensable... more than 99% of them by their
silence indicate that they are in safe and sane hands. The very atmosphere
of firearms everywhere restrains evil interference .When firearms go, all
goes, we need them every hour." (Address to 1st session of Congress)
George Washington: "A free people ought to be armed." (Jan 14 1790, Boston
George Mason: "To disarm the people is the most effectual way to enslave
them." (3 Elliot, Debates at 380)
Noah Webster: "Before a standing army can rule, the people must be
disarmed, as they are in almost every country in Europe." (1787, Pamphlets
on the Constitution of the US)
James Madison: "Americans have the right and advantage of being armed,
unlike the people of other countries, whose rulers are afraid to trust them
with arms." (Federalist Paper #46)
Patrick Henry: "The people have a right to keep and bear arms." (Elliott,
Debates at 185)
Richard Henry Lee: "To preserve liberty it is essential that the whole body
of the people always possess arms and be taught alike, especially when
young, how to use them..." (Richard Henry Lee writing in Letters from the
Federal Farmer to the Republic, 1787-1788).
Alexander Hamilton: "The best we can help for concerning the people at
large is that they be properly armed" (The Federalist Papers at 184-8)
Post by Andrew Swallow Post by jonathan
Or two, the militia part could ...explain why...the people are
being given an unqualified individual right, so states can always
raise a militia.
The second definition is the far broader right, and is almost
certain to be the correct interpretation. The reason is because
a state's right and an individual right are apples and oranges.
They are two entirely different kinds of rights.
It makes no sense to qualify an individual right with a state's right.
Nowhere else in the constitution does that happen.
Also, nowhere else in the constitution is an individual right
qualified, all others are unconditional rights.
We have the individual right....period!
The US Constitution has several rules applying to the Militia. A
discipline can only work if individuals are expected to obey it.
there is NO language in the Second Amendment that restricts the right to
keep AND BEAR arms to militias or militia membership. the right is "of the
all the first part of the 2nd Amendment says is that militias are
"necessary to a free state",NOTHING more.
it's like saying militias are a nice thing.
It's just ONE reason why the government "shall not infringe" on the
People's RKBA. They could not list every reason.
The 2nd also makes no requirement that militias BE "well-regulated".