ChrisL
Diamond Member
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So here's me asking a question, how can a guy end up going to teach the Second Amendment at law schools when he doesn't know what the Amendment means?
Amendment II: House of Representatives, Amendments to the Constitution
Have a look at this document. I'm seriously hoping you've seen this, I mean, you can't be teaching about the Second Amendment without having seen this.
"but no person religiously scrupulous shall be compelled to bear arms."
This was what they were talking about. I assume you've seen this, it wasn't put into the Amendment at the end, and they give the reasoning why.
Now Mr Gerry said:
"Now, if we give a discretionary power to exclude those from militia duty who have religious scruples, we may as well make no provision on this head."
I've seen plenty of people ignore this, but no one has ever actually taken this information in and been able to come out the other side saying that "bear arms" in the 2A saying that it doesn't mean "militia duty".
It's pretty clear here that Mr Gerry is using the term "militia duty" synonymously with "bear arms", right?
"Mr. Jackson was willing to accommodate. He thought the expression was, "No one, religiously scrupulous of bearing arms, shall be compelled to render military service, in person, upon paying an equivalent.""
Then you have Mr Jackson using the term "render military service" as synonymous to "bear arms".
Also Mr Jackson said:
"Mr. Jackson did not expect that all the people of the United States would turn Quakers or Moravians; consequently, one part would have to defend the other in case of invasion. Now this, in his opinion, was unjust, unless the constitution secured an equivalent: for this reason he moved to amend the clause, by inserting at the end of it, "upon paying an equivalent, to be established by law.""
Now, are they talking about "bear arms" to mean people walking around with guns, or people serving in the militia? And if it is the former, then why would individuals who are opposed to walking around with guns have to pay an equivalent? Especially when it says "would have to defend the other in case of invasion"?
It all seems pretty clear.
Now, from a language point of view, "bear" CAN mean carry, right?
However "stool" can mean feces or it can mean wooden seat without a back.
So, if I say, "the doctor asked him to sit on the stool", we're going to think the second option, and if we say "the doctor asked to see his stool sample" we're going to think the former.
English language can have words mean the same thing, but CONTEXT tells us which is right and which is wrong.
The Second Amendment's context is "A well regulated militia", not "Joe wants a gun to go down to the shops", so why would it mean "carry" How does carrying a gun around with you protect the militia? It's simple, it doesn't.
Now, as a supposed Second Amendment Scholar, someone who talks to people in Law Schools about this, what do you think?
who exactly did you quote is an actual legal scholar? you apparently have no clue what you are talking about. the second amendment was merely recognizing a pre-existing right that man had from the dawn of time and to say it has something to do with the "right" to be in government service is beyond stupid
could you point me to your article from the Yale Law Journal or a similar publication where you set this theory out?
Haha, nice deflection, but I'm not buying it. Like I said, most people try and slip and slide out of this.
I expected you to spend a little more time on it.
This is a document FROM THE FOUNDING FATHERS>
Come on, let's have a go. This is MY ARGUMENT, I'm not pointing to someone else's argument. This is mine. You think your "legal expertise" is better than mine, then bring it on. Or do you feel that I've just shown you something you don't know and you want to hide?
What do you think the Founding Fathers thought "bear arms" meant?
why are you ignoring "Keep"
I have a great idea-I have stated what the second amendment means every leading scholar of the time-St George Tucker being the most prominent, agrees that it was an individual right Every major constitutional scholar today does too-Van Alstpyne, Calabresi, Amar, Levinson, Volokh Koppel and even Laurence Tribe.
so what do you claim it was
why would the citizens need a bill of rights provision saying they can serve in the federal army?
So, am I being ignored now? Claiming all this stuff, and yet can't talk about one document?
He is smart to ignore your stupid argument. The second amendment states KEEP AND BEAR ARMS.
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.
And just to cover what I already know is coming and which has already probably been explained to you and your goofball friends a bajillion times . . .
http://www.constitution.org/cons/wellregu.htm
The following are taken from the Oxford English Dictionary, and bracket in time the writing of the 2nd amendment:
1709: "If a liberal Education has formed in us well-regulated Appetites and worthy Inclinations."
1714: "The practice of all well-regulated courts of justice in the world."
1812: "The equation of time ... is the adjustment of the difference of time as shown by a well-regulated clock and a true sun dial."
1848: "A remissness for which I am sure every well-regulated person will blame the Mayor."
1862: "It appeared to her well-regulated mind, like a clandestine proceeding."
1894: "The newspaper, a never wanting adjunct to every well-regulated American embryo city."
The phrase "well-regulated" was in common use long before 1789, and remained so for a century thereafter. It referred to the property of something being in proper working order. Something that was well-regulated was calibrated correctly, functioning as expected. Establishing government oversight of the people's arms was not only not the intent in using the phrase in the 2nd amendment, it was precisely to render the government powerless to do so that the founders wrote it.