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jmg257

(11,996 posts)
9. The 2nd was intended to do 1 thing - ensure the effectiveness of the Militias of the several States.
Wed Nov 11, 2015, 02:24 PM
Nov 2015

Many people feared that the new Constitutional powers the federal congress would have over the Militias (to provide for organizing, arming, & disciplining them) could actually be used to make them LESS effective, either through in-action or disarming, quite contrary to the stated purposes of & in the Constitution.

"...Congress could take such measures with respect to a militia, as to make a standing army necessary. Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins." Mr. Gerry, 1st Congress


By declaring that well-regulated (well-trained to arms) militia were NECESSARY, i.e. mandatory, it would "furnish a greater certainty of its being done". By securing the right to keep AND bear arms of the people - who would serve in the Militias - it would be assured the govt couldn't DISarm the Militias, or otherwise render them ineffective (i.e. by declaring who could serve), and so reduce the need for that bane of liberty - a large standing army.

The Militias were made from the body of the people, whose duty it was to serve; they better have the right & means to do so, and should NOT be dependent on the...generosity of the federal govt for them.


Now there were various people who were/would be exempt from Militia duty by law. It hardly seems plausible the FF expected them (themselves) would give up a right to personal arms simply because of that. So that right doesn't seem to be dependent on the 2nd's obvious militia purposes for its existence.

Of course the militia purposes are barely viable any more, not since the decline and recreation of the Constitutional militias into the federally controlled/armed National Guard, Yes 'the people' are handed a bone as part of the "unorganized militia", but that is hardly "well-regulated". (and shows why things like AWBs and mag limits are found to be constitutional vs the 2nd & their ideal use for a militia).




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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