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In reply to the discussion: How is Meatloaf's 'Id Do Anything for Love' like the 2nd Amendment? [View all]jmg257
(11,996 posts)4. You are right...the 2nd did NOT give the people the right to bear arms.
That right already existed. That right was also codified (in a marital context) along with the militia clauses in the body of the constitution.
The Militias (AKA the people) already had the right and duty to serve, and so had the right to arms.
"Mr. Scott objected to the clause in the sixth amendment, "No person religiously scrupulous shall be compelled to bear arms." He observed that if this becomes part of the constitution, such persons can neither be called upon for their services, nor can an equivalent be demanded; it is also attended with still further difficulties, for a militia can never be depended upon. This would lead to the violation of another article in the constitution, which secures to the people the right of keeping arms, and in this case recourse must be had to a standing army."
Mr Scott, 20 Aug, 1789 when debating the article which later became the 2nd amendment.
It was only because the new Central govt was given power for providing the guideline for how the people would arm themselves that the 2nd was deemed necessary. The people could not be DIS-armed by any act of govt.
The state militias were well-understood entities at the time. ALL the people (with notable exceptions) were expected to serve, so ALL the people had the right to arms secured. The people want(ed) to change the definition of "militia" fine, but that was not the intent of the 2nd (nor of the constitution), - it does not affect its securities.
It is also quite clear that the founders did not intend that THE vice-president, ALL the member of congress, postal Clerks and stage drivers, Judges, etc would be denied the right to arms even though they were exempt from militia service.
Adams? Jefferson? Burr? Gerry? Clinton? Lee? etc. etc?...men who just fought a revolution over rights (a revolution started by attempts to disarm them) willingly give up the right to arms?!? That makes NO sense.
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The Democratic party says the 2A supports an individual right to keep and bear arms.
hack89
Jan 2017
#2
Might have saved yourself the effort. It's settled law now, at least for the foreseeable future.
Marengo
Jan 2017
#19