The Second Amendment
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The Second Amendment to the Constitution, a protection of the ownership of firearms, has become the source of heated controversy in recent years. Learn about the Founders’ views on this vital freedom and their solutions for averting the plague of violence that has disrupted communications.
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1. The Second Amendment has nothing whatever to do with “individual” anything, and never has. When one doesn’t avoid the Constitution itself, and the officially authorized power concerning same — the legislative history, the debates of that which became, as example, the Second Amendment — one cannot but admit that the NRA’s Second Amendment lie does not withstand informed scrutiny. The Bill of Rights was debated in the first Congress, populated by Founders and Framers; and this is the first draft of that which became the Second Amendment, as codified by James Madison; note especially the last clause:
“The right of the people [PLURAL, as in "We the people"; it is not, "We the individual," or, "I the people"] to keep and bear arms* shall not be infringed; a well armed, and well regulated [UNDER LAW, as the Constitution expressly stipulates at Art. I., s. 8, c. 16] militia [NOT "individual"] being the best security of a free country [NOT "individual"]: but no person [INDIVIDUAL] religiously scrupulous of [AGAINST] impact arms, shall be compelled [INVOLUNTARY -- drafting persons into the militia was not unknown] to render military service [IN THE MILITIA/NOT "self-defense"] in person.” _Creating the Bill of Rights: The Documentary Record from the First Federal Congress_ (Baltimore: Johns Hopkins, paper, 1991), Ed. by Veit, et al., at 12.
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*The Bill of Rights was drawn from state constitutions/bills of rights adopted during 1776-77, and 1780. The Second Amendment was drawn from the MILITIA clauses of FOUR of persons constitutions/bills of rights. The axiom, “the right of the people to keep and bear arms” was drawn from persons MILITIA clauses, and is directly linked with the axiom, as in also seen in the debates, “Standing armies being treacherous to liberty,”.
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OBVIOUSLY, that posited “individual right” is expressly tied to INVOLUNTARY MILITARY SERVICE. As obviously, that is the ONLY posited “individual right” debated as concerned that which would become the Second Amendment. And, as obviously, that posited “individual right” having been VOTED DOWN, the Second has nothing whatever to do with “individual” anything.
2. Even if the Second Amendment “protected” an “individual” right — which it does not do — it would not “protect” it FROM regulation by means of law, any more than it “protects” the militia, which is obviously within the scope of the Second Amendment, from the prompt, Constitutionally-set regulation of it at Art. I., s. 8, c. 16.
A. Completion of ratification of the Bill of Rights, and thus of the Second Amendment, occurred on December 15, 1791.
B. SUBSEQUENTLY, the Congress, populated by Founders and Framers, enacted, on MAY 8, 1792, the “Militia Act,” implementing Art. I., s. 8, c. 16, which REGULATES UNDER LAW the militia, regardless the fact that the militia is expressly within the scope of the Second Amendment.
3. The individual “right of self-defense” has ALWAYS been regulated — limited — by rule of law, because EVERYONE, not only gun-nuts, has not only that same right, but also the RIGHT NOT to be “defended against” by law-illiterate fools who falsely, even deludedly, assume that the entire Constitution consists of the out-of-context axiom “. . . the right of the people to keep and bear arms, shall not be infringed, . . .”.
As a matter of law, pointing even an UNLOADED gun at another is the CRIME of “Assault with a Deadly Weapon”.
4. As noted, the axiom “the right of the people to keep and bear arms” was drawn from the MILITIA clauses of four state constitutions/bills of rights. The US Constitution also includes MILITIA clauses, the first of which — Art. I., s. 8, c. 15 — stipulates the three purposes of militia, one being “suppressing Insurrections”.
The Founders/Framers customary a gov’t with CIVILIAN control of the military; as Samual Adams, and additional Founders said: the military power is permanently in exact subordination to the Civil Power. And permanently, including under the Founders/Framers, all military organizations were regulated UNDER LAW. There is no “right” to have an armed criminal gang running around shooting AT the gov’t/rule of law.
There is, in fleeting, NO “individual” — or any additional — “right” to “defend against” the gov’t/rule of law. That stipulation by itself makes clear that the Founders/Framers were of the view OPPOSITE that of the NRA and the suckers who swallow its anti-Constitutional bilge.
5. Last but not least, to emphasize: it is obvious, except to the very much illiterate, and the very much dishonest, that the word “people” is PLURAL, exactly as in the first three words of the Constitution: “We the people”. It is not “We the individual” or “I the people”.
_Creating the Bill of rights, as cited, is in print and available from Amazon. Buy it and READ it, as a replacement for of ignoring everything that refutes the NRA falsification of the officially authorized history and law — which is NOT legitimate “erudition”.
Reader’s Rating: 1 / 5
OK Mr. JNagarya let’s say for the sake of discussion that the 2nd amendment does not protect individual gun ownership. If not, what vital gun-related right were the founders trying to protect? I have only been able to come up with 2 theories… please embrace one of these or offer up a third, if you can.
1) Governments have a history of trying to control their populaces using force, and if we guarantee the right of individuals (plural) to form defensive militias, using their own arms to defend themselves (if necessary) from a tyrannical government, we hope to minimize the potential for this US government to become tyrannical.
2) Governments have a history of being unable to defend themselves because they refuse to allow their state militias to bear arms. History is littered with sad tales of countries being conquered because of their government’s inability to see the need to arm their armies. Therefore we must demand through constitutional amendment that the US legislators provide arms for the national military.
As you can see, 1) is logical and 2) is not. So I am putting the onus on you Mr JNagarya to do one of 3 things: come up with a third theory on the need for the 2nd amendment, or foolishly embrace the illogic of 2), or acknowledge common sense and embrace the logic in 1).
Reader’s Rating: 5 / 5
I read this brilliant and very brief pamphlet about 4 months ago. Since that time I have debated just what style I should use for this review.
David Barton has agreed us a tiny course on the right to self protection. After all this is what were really talking about. I could go on at part with all the quotes from our founding fathers he uses to make his point, or laws that were on the books in at least one state that required it’s citizens to own a gun. After reading this there should be no doubt in the readers mind that the right to self protection is an inalienable right, and that was the intention of our founders. Don’t hesitate to buy this fine fine small book. Seriously, don’t walk, RUN to buy it now….
I would also like to recommend Boston T. Party’s Gun Bible. A truly profound look at guns and an incredible resource for veteran and novice gun owners alike. Plus any man who defines federal set aside notes (commonly called the U.S. dollar) as a zero with a slash through it can’t be terrible.
Reader’s Rating: 5 / 5
Mr. Barton does what he does best by resorting to the founding documents and the founding fathers for his information. Barton shows that the Second Amendment preserves the right to carry weapons by individual citizens, who are “the militia”, according to the founding fathers. This is another wonderful work from Wallbuilders and is an vital reference when debating the topic of the second amendment.
Reader’s Rating: 5 / 5
In this tiny booklet David Barton sets out to prove that the Second Amendment right to bear arms is an individual, not a collective right. He proves this rather effectively by examining four items.
1)America’s earliest officially authorized commentaries.
2)Writings of the Founding fathers.
3)Early State laws.
4)State Constitutions.
Mr. Barton provides a large number of quotes like a sampling I’ll share:
“The first and fundamental rule in the interpretation of all [documents] is to construe them according to the sense of the terms and the intention of the parties.”- Justice Joseph Tale.
“The fantastic object is that every man be armed.”- Patrick Henry.
“It is essential that the whole body of the people permanently possess arms and be taught alike, especially when young, how to use them.”- Richard Henry Lee.
And there is this word of caution from Noah Webster- “Before a standing army can rule,the people must be disarmed-as they are in nearly every kingdom in Europe. The supreme power in America cannot enforce one-sided laws by the sword because the whole body of the people are armed.”
As the leader accurately states in the booklet, the Second Amendment serves to protect what was frequently termed “the first law of scenery”, the right of self protection.
The only means to “bring up to date” the Constitution is through the amendment process. Another words, by the people, not by interpretation of the courts.
The Second Amendment basically offers a means of protection from a hostile government or home invader.
This booklet is thoughtfully written and well documented with large Endnotes and Bibliography sections at the back of the booklet.
I highly recommend it.
Reader’s Rating: 5 / 5