Gun Control & RKBA
In reply to the discussion: How is Meatloaf's 'Id Do Anything for Love' like the 2nd Amendment? [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)
Oliver contends in 1832 in his book that the 2ndA was 'probably' intended for militia related purposes only, and that by 1832 a different interpretation had been given to it (as well as the militia). How many writings can the pro gun crowd come up with which clearly contend an individual rkba was intended? I haven't seen any valid ones yet.
Scotus Justice Joseph Story, 1833: The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers.
.... 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.
And yet, though this truth would seem so clear, and the importance of a well regulated militia would seem so undeniable, it cannot be disguised, that 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
Which clause was Story writing of in the last sentence? the militia clause of course, since 'the people' would still be well enough equipped with guns (by 1830s even sooner), if the militia system was discarded.
Story clearly was concerned about what would happen if the militia system were discarded, how then would the people be 'duly armed', logically story supporting the militia interpretation.
Note in my first 2 cited paragraphs by Story, he praises the militia for essentially the same things he praises 'the people' for, thus providing a militia link to both and that the militia & people were being used synonymously (arbitary power & usurpation by rulers).