Gun Control & RKBA
In reply to the discussion: 2nd Amendment showerthought... [View all]jimmy the one
(2,717 posts)Benjamin Oliver, from Right of an American Citizen, 1832 (+emph): "The {2ndA} declares the right of the people to keep and bear arms shall not be infringed. The reason is, because a well regulated militia is necessary to the security of a free state.
. . . The provision of the Constitution declaring the right to keep and bear arms was probably intended to apply to the right to bear arms for such {militia related} purposes only, and not to prevent Congress or legislatures from enacting laws to prevent citizens from going armed. A different construction however has been given to it. (1832)
Justice Joseph Story, 1833: .. among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burthens, to be rid of all regulations. How it is practicable to keep the people duly armed without some organization, it is difficult to see.
There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our national bill of rights. http://press-pubs.uchicago.edu/founders/documents/amendIIs10.html
supreme court, 1939: The Constitution, as originally adopted, granted to the Congress power -- To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.
With obvious purpose to assure the continuation and render possible the effectiveness of such {militia} forces, the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.