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TeddyR

(2,493 posts)
27. Actually
Fri Nov 13, 2015, 02:14 PM
Nov 2015

I was pointing out your selective quotations, but if you prefer to classify it as whining that's fine, though not particularly conducive to a reasoned discussion.

So Story first noted the important fact that the right to keep and bear arms is considered "the palladium of the liberties of a republic." In other words, an armed citizenry protects the liberties of a republic.

I'm not sure what you are equating "militia" to. It looks like "the people," which means all citizens of the US, which is the same meaning that the Founding Fathers had in mind when they approved the Second Amendment. "The right of the people to keep and bear arms, shall not be infringed." So I guess we agree!

Your last argument seems to be that the Second Amendment someone requires service in a militia. That's simply historically inaccurate. The Second Amendment protects one thing - the right to keep and bear arms. It doesn't protect the right to serve in a militia and it doesn't require service in a militia. In fact, as we agreed above, the "militia" is "the people." If you don't believe me, ask George Mason - "Who are the militia? They consist now of the whole people." Or look at Virginia's 1776 constitution - "a well-regulated militia, composed of the body of the people . . ."

Ultimately, the Second Amendment protects the right of "the people" to "keep and bear arms" and states that right "shall not be infringed." So, just as the First Amendment protects the right to free speech (with reasonable limitations) the Second protects the right to keep and bear arms (with reasonable limitations).

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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