Gun Control & RKBA
In reply to the discussion: 2nd Amendment showerthought... [View all]jimmy the one
(2,717 posts)teddyR: You forgot .. This part of Justice Story's commentary: The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers..
Under your own weird logic, YOU then forgot to include this from the very same paragraph written by justice story, which demonstrates how he was referring to the people synonymously with the miltia:
The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers.
Contrast TeddyR's top sentence above from Justice Story, with my sentence above from Story, & you will see Story is essentially praising both 'the people' and 'the militia' for the same thing - defense against the usurpation & arbitrary power of rulers (tyranny). Since individually 'the people' outside of organized militias could not do what story refers to above, he is referring to the people as the militia.
Story repeated, circa 1833: The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them
Story was referring to 'the people' as the militia, for only a militia could do what he describes above; unorganized individuals with firearms would be ineffective or even counter productive against a well organized tyrannical army or militia.
teddyR: You also left out this quote A similar provision in favour of protestants (for to them it is confined) is to be found in the bill of rights of 1688, it being declared, "that the subjects, which are protestants, may have arms for their defence suitable to their condition, and as allowed by law." But under various pretences the effect of this provision has been greatly narrowed; and it is at present in England more nominal than real, as a defensive privilege.
I linked to a reputable source for everything you contend I 'forgot', so I really didn't forget did I? Pro gun adherents frequently complain my posts are too long, & here teddyR is whining I didn't make this one longer.
Justice Story was American, & Anglo American relations weren't that good early 1800's, so story was bashing England & her 'have arms' decree. Yet England's 'have arms' decree was the basis for the 2nd amendment, & the 'have arms' decree was militia based, militia centric.
Story was actually complaining about English game laws of 1671 (iirc date), which proscribed how Englishmen could hunt certain game. He implies the 'have arms' decree was manipulated by the game laws to allow gun confiscation.