danielpalos
Diamond Member
- Banned
- #8,641
Our Second Amendment is about the security of a free State not Individual rights; it says so in the first clause.Where does it say that in our federal Constitution? It is express not implied. All terms in our Second Amendment are collective and plural.Our Second Amendment is about the security of a free State not individual rights; it expressly says so in the first clause.But, still... the federal government should have no gun laws. They are still ALL unconstitutional, as the intent of the 2A was to limit federal power.Before 2A was drafted, several colonists used firearms to defend themselves because they usually lived far from each other. At the same time, communities also established militias for various purposes, including slave patrols. The right to defend oneself was considered natural, with the right to bear arms connected to it and part of English common law.
After the Revolutionary War, Washington wrote about the poor quality of some militias.
While 2A was drafted and revised several times, framers debates on the need to avoid a large standing army, state rights to have their own armed groups, the desire to avoid tyranny, and threats including European invaders, whites who could rebel, slave riots, and Native Americans. They negotiated and ratified an amendment that argued that to ensure the availability of regulated militias, the right to bear arms would not be infringed. The idea sounds too obvious because several colonists were already armed and it was considered a natural right, part of the need for self-defense. This explains why 2A doesn't grant the right to bear arms but protects it: the right is natural and exists even without 2A, the Constitution, or even a nation. Still, the added something obvious because they wanted to show citizens that their right to defend themselves would not be infringed.
So, what's the connection between that and regulated militias? The framers didn't argue that the right to bear arms is granted by the government or that the right only exists if there are regulated militias. Rather, the right to defend oneself, which is natural, was used to justify the need to defend the country. Since they didn't want a large standing army, they resorted to militias, and since they didn't want ill-trained militias, they made sure that there were regulated ones.
What does "regulated" mean? It is defined in Art. 1 Sec. 8, which states who will organize these militias and their purpose, which is to serve the government.
How was the formation of regulated militias made operational? It is explained in the Militia Acts, which required all white males of a certain age range, and with few exceptions, to obtain battle rifles and report for training.
Thus, the purpose of 2A is not merely to protect the right to bear arms but to use it to ensure mandatory military service, which is what happened via the Militia Acts.
The problem is that what Washington complained about persisted as armies became more professional and complex. The country learned that the hard way during the War of 1812, when they realized that a small standing army with militias would not be enough to deal with professional armies. It still took awhile, even when blacks were included among males to serve given a subsequent Militia Act. But it was the last one, in 1903, that led to the formation of the National Guard, and eventually made 2A irrelevant. As military forces became increasingly complex, the country had to rely on reserves trained in the same way as the standing army, with conscription employed in case more troops were needed.
Today, what is left of 2A is the Selective Service System, where male citizens are merely required to register, with the government given the option to conscript them if necessary.
Until somebody amends the 2A, fed gov power over arms should be NOTHING. ZERO.
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Some want to simply ignore it and call it antiquated. That is improper.
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BS. The entire Bill of Rights is a list of absolute restrictions on federal authority. Nothing else.
If the 2nd amendment was only about "the security of a free state", whatever that is, then it would not have said, that the right of the PEOPLE to bear arms shall not be infringed.
It would have said the authority of a free state to bear arms shall not be infringed.
ONLY individuals have rights.
Whenever you read the word "rights", the writing is referring to individuals.
You would have to know nothing of the Bill of Rights to not know they are just all federal restrictions.
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The Bill of Rights limits the (federal) government by enumerating the rights of the people and listing the things the (federal) government cannot do. For example, the Bill of Rights states that the government cannot pass a law limiting the freedom of speech or religion.
The Bill of Rights is a term that refers to the first 10 amendments of the Constitution of the United States. The lack of a Bill of Rights was one of the main points of disagreement between federalists and anti-federalists. James Madison wrote the 10 amendments as a response to calls from several states for constitutional protection for individual liberties. The end result, approved by the House and ratified in 1791, is a list of limits on the powers of government. According to the Third Amendment, no soldier can be quartered in a private house in a time of peace without the consent of the owner. The Fourth Amendment prohibits the government from intruding in a citizen's home. According to the Fifth Amendment, no one can be held to answer for a capital crime in the absence of a grand jury. The Eighth Amendment prevents the government from imposing excessive bail or fines on citizens and from inflicting cruel and unusual punishments.
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How Does the Bill of Rights Limit the Government?
As to the exact wording of the Bill of Rights, here is the preamble and beginning:
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The Preamble to The Bill of Rights
Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment II
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.
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The Bill of Rights: A Transcription
It should be totally clear that the Bill of Rights was entirely additional prohibitions, limits, and restrictions on federal authority, powers, and jurisdictions.