Gun Control & RKBA
In reply to the discussion: The new anti-gun-control meme: The US should be more like Switzerland. [View all]jimmy the one
(2,717 posts)beevul, +emph: 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:
You do realize there is an 'AND' between declaratory and restrictive? Restrictive clauses are indeed what restricts congress, but declaratory clauses are what provides for guarantees of individual rights (in 2ndA case, right to belong to militia & kba).
Wm Rawle (1825,29, A View of the Constitution) gives a far better rendition of what the 2ndA actually meant, than beevul's limited understanding:
Wm Rawle: In the second article, it is declared, that a well regulated Militia is necessary to the security of a free state; a proposition from which few will dissent.
The corollary, from the first position, is, that the right of the people to keep and bear arms shall not be infringed. http://www.constitution.org/wr/rawle_10.htm
Wm Rawle described the militia clause as "a proposition from which few will dissent". Rawle then described the rkba clause as a COROLLARY.
A corollary is a resultant which is derived from a higher rule or law. Thus the militia clause dictates what the corollary applies to.
There are some views Rawle had in 'A View of the Constitution' which were inconsistent, but this one has never seriously been challenged.
corollary: noun: (logic) an inference that follows directly from the proof of another proposition
noun something that will also be true if a particular idea or statement is true, or something that will also exist if a particular situation exists
Wm Rawle, 1829, A view of the constitution: CHAPTER X. OF THE RESTRICTIONS ON THE POWERS OF CONGRESS AND ON THE EXECUTIVE AND JUDICIAL AUTHORITIES RESTRICTIONS ON THE POWERS OF STATES AND SECURITY TO THE RIGHTS OF INDIVIDUALS
Of the amendments already adopted, the eight first in order fall within the class of restrictions on the legislative power, some of which would have been implied, some are original, and all are highly valuable. Some are also to be considered as restrictions on the judicial power.
The constitutions of some of the states contain bills of rights; others do not. A declaration of rights, therefore, properly finds a place in the general Constitution, where it equalizes all and binds all. http://www.constitution.org/wr/rawle_10.htm
encyclopedia britannica: Bill of Rights, in the United States, the first 10 amendments to the U.S. Constitution, which were adopted as a single unit on Dec 15, 1791, and which constitute a collection of mutually reinforcing guarantees of individual rights and of limitations on federal and state governments. http://www.britannica.com/EBchecked/topic/503541/Bill-of-Rights
wiki: The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. Proposed to assuage the fears of Anti-Federalists who had opposed Constitutional ratification, these amendments guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and reserve some powers to the states and the public. http://www.democraticunderground.com/1172167980