Impenitent
Gold Member
- Oct 5, 2013
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Your accompanying documents don't describe how the slave holding states were encouraged to sign the constitution. The militias in the slave states were slave patrols. The slave states wanted these to remain under state control, fearing that the Federal Congress would free the slaves (which is what Lincoln did, after the slave states seceded, and had no congressional votes.)Not consistently. Heller was the first time. Scalia's opinion creating the personal right, however, is a joke. He found the "original intent" of the founding generation in court decisions passed down in the 70 or so years after the Bill of Rights was ratified and gun cult propaganda.
If it is not consistent, when has SCOTUS ruled it a collective right?
Before Heller, I don't know that we can say the Court ever has addressed the nature of the right declared by the Second Amendment. The Court's decisions always have been about what guns a person may possess and have associated that right with the militia. The Court, however, has misinterpreted the word "militia."
The militia of the Second Amendment is not a bunch of guys who show-up in the town square with their own guns. It is the portion of the People who can act as a army. Thus, the Second Amendment declares the People's right to determine and control who may act in a military capacity.
No, the framers were clear in their intent, at least those who wrote about it in other papers. They wanted the population to have the means to defend the country against foreign armies or our own gov't. The idea that the population is armed makes the freedoms much more difficult to take away.
Yes, I was going to bring that up too. There are MANY accompanying documents, some of them the founders personal papers, which clearly denote the exact intent of the founders when it comes to the 2nd amendment, and that is that they wanted the citizenry to be armed and ready to go at a moment's notice. They also wanted the citizens to have protection against a tyrannical government.
The people on this thread are lying about the intent of the framers of the constitution. It is quite obvious by reading accompanying documents that the intent was for Americans to be armed.
THE HISTORY OF THE SECOND AMENDMENT
VI. Conclusion
English history made two things clear to the American revolutionaries: force of arms was the only effective check on government, and standing armies threatened liberty. Recognition of these premises meant that the force of arms necessary to check government had to be placed in the hands of citizens. The English theorists Blackstone and Harrington advocated these tenants. Because the public purpose of the right to keep arms was to check government, the right necessarily belonged to the individual and, as a matter of theory, was thought to be absolute in that it could not be abrogated by the prevailing rulers.
These views were adopted by the framers, both Federalists and Antifederalists. Neither group trusted government. Both believed the greatest danger to the new republic was tyrannical government and that the ultimate check on tyranny was an armed population. It is beyond dispute that the second amendment right was to serve the same public purpose as advocated by the English theorists. The check on all government, not simply the federal government, was the armed population, the militia. Government would not be accorded the power to create a select militia since such a body would become the government's instrument. The whole of the population would comprise the militia. As the constitutional debates prove, the framers recognized that the common public purpose of preserving freedom would be served by protecting each individual's right to arms, thus empowering the people to resist tyranny and preserve the republic. The intent was not to create a right for other (p.1039)governments, the individual states; it was to preserve the people's right to a freestate, just as it says.
Slavery can only exist in a police state, and the police state was imbedded in the 2nd amendment of the Constitution.