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jimmy the one

(2,717 posts)
3. history
Wed Nov 11, 2015, 01:35 PM
Nov 2015

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.


2nd Amendment showerthought... [View all] Kang Colby Nov 2015 OP
I know people like their guns itsrobert Nov 2015 #1
Actually... Kang Colby Nov 2015 #2
Don't spoil other people's romantic moments.... FSogol Nov 2015 #5
Well, some controllers say the best thing to do with explosive diarrhea... Eleanors38 Nov 2015 #6
What are arms? JonathanRackham Nov 2015 #26
history jimmy the one Nov 2015 #3
You forgot TeddyR Nov 2015 #10
arbitrary power of posters jimmy the one Nov 2015 #22
Actually TeddyR Nov 2015 #27
You are excluding a mountain of case law. (Verdugo-Urquidez, Emerson, etc.) Kang Colby Nov 2015 #19
This ^^^ beevul Nov 2015 #20
Very good post TeddyR Nov 2015 #21
pennsy minority rkba report jimmy the one Nov 2015 #24
Setting aside everything else that is wrong about your post TeddyR Nov 2015 #28
get new glasses jimmy the one Nov 2015 #29
sam adams proposal was withdrawn jimmy the one Nov 2015 #30
don't feel bad for us jimmy the one Nov 2015 #23
Your argument boils down to Kang Colby Nov 2015 #31
state constitutional rkba's jimmy the one Nov 2015 #25
The 2A. deathrind Nov 2015 #4
Re-read the Fourth. Eleanors38 Nov 2015 #7
The 4th. deathrind Nov 2015 #12
They seem to have equated them both in the same sentence. Eleanors38 Nov 2015 #13
Right off the top of my head one issue I have with your interpretation TeddyR Nov 2015 #17
The Second Amendment TeddyR Nov 2015 #8
There is a clear difference between the 4th and the 2nd. deathrind Nov 2015 #11
Thanks for the response and link TeddyR Nov 2015 #16
The 2nd was intended to do 1 thing - ensure the effectiveness of the Militias of the several States. jmg257 Nov 2015 #9
The right to own firearms should be understood at a primary part of natural law. ileus Nov 2015 #14
One small correction. branford Nov 2015 #15
There's a good bit of scholarly work that supports exactly that interpretation TeddyR Nov 2015 #18
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