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Parsing the 2A to Invalidate Individual Gun Rights

Talyn

SAINT
Founding Member
More disinformation from the Left regarding the original intent of the 2nd Amendment, and how to disarm their argument.

 
More disinformation from the Left regarding the original intent of the 2nd Amendment, and how to disarm their argument.

Nice read. Thanks for sharing.
 
Duke University has name recognition, but the meaning of the law is settled. Beyond the binding Heller decision, this area has already been reviewed by legal and linguistic experts. Stephen Halbrook is perhaps the most recognized legal expert in the field of firearms history. His recent book, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, offers definitive proof of the accepted meaning of the 2nd Amendment at the time it was written by tracing English statutes and court rulings from over 500 years ago. It takes a lot of knowledge to write an entire book about the meaning of the words "bear arms".
 
Here's a really good read pertaining to how the actual wording of the 2nd was established and ratified along with the
B of R's.

Madison originally proposed the 2nd in June 1789, then after several rewrites by various members, a final joint resolution in the wording we know today was accepted and approved in Sept 1789. And finally the B of R's as we know them today, including the 2nd as we know it, was ratified Dec 1791.

I think it's pretty interesting, and good to know if/when involved in a good discussion re: the 2nd


Conflict and compromise in Congress produce the Bill of Rights

Re: Second Amendment

James Madison's initial proposal for a bill of rights was brought to the floor of the House of Representatives on June 8, 1789, during the first session of Congress. The initial proposed passage relating to arms was:
The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.[123]

On July 21, Madison again raised the issue of his bill and proposed a select committee be created to report on it. The House voted in favor of Madison's motion,[124] and the Bill of Rights entered committee for review. The committee returned to the House a reworded version of the Second Amendment on July 28.[125] On August 17, that version was read into the Journal:
A well regulated militia, composed of the body of the people, being the best security of a free State, the right of the people to keep and bear arms shall not be infringed; but no person religiously scrupulous shall be compelled to bear arms.[126]

In late August 1789, the House debated and modified the Second Amendment. These debates revolved primarily around risk of "mal-administration of the government" using the "religiously scrupulous" clause to destroy the militia as Great Britain had attempted to destroy the militia at the commencement of the American Revolution. These concerns were addressed by modifying the final clause, and on August 24, the House sent the following version to the Senate:
A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no one religiously scrupulous of bearing arms shall be compelled to render military service in person.

The next day, August 25, the Senate received the amendment from the House and entered it into the Senate Journal. However, the Senate scribe added a comma before "shall not be infringed" and changed the semicolon separating that phrase from the religious exemption portion to a comma:
A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed, but no one religiously scrupulous of bearing arms shall be compelled to render military service in person.[127]

By this time, the proposed right to keep and bear arms was in a separate amendment, instead of being in a single amendment together with other proposed rights such as the due process right. As a representative explained, this change allowed each amendment to "be passed upon distinctly by the States".[128] On September 4, the Senate voted to change the language of the Second Amendment by removing the definition of militia, and striking the conscientious objector clause:
A well regulated militia, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed.[129]

The Senate returned to this amendment for a final time on September 9. A proposal to insert the words "for the common defense" next to the words "bear arms" was defeated. A motion passed to replace the words "the best", and insert in lieu thereof "necessary to the" .[130] The Senate then slightly modified the language to read as the fourth article and voted to return the Bill of Rights to the House. The final version by the Senate was amended to read as:
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

The House voted on September 21, 1789 to accept the changes made by the Senate.

The enrolled original Joint Resolution passed by Congress on September 25, 1789, on permanent display in the Rotunda, reads as:
A well regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms, shall not be infringed.[131]

On December 15, 1791, the Bill of Rights (the first ten amendments to the Constitution) was adopted, having been ratified by three-fourths of the states, having been ratified as a group by all the fourteen states then in existence except Connecticut, Massachusetts, and Georgia – which added ratification's in 1939.
 
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"A free people ought not only to be armed, but disciplined..."
- George Washington, First Annual Address, to both House of Congress, January 8, 1790

"No free man shall ever be debarred the use of arms."
- Thomas Jefferson, Virginia Constitution, Draft 1, 1776

"I prefer dangerous freedom over peaceful slavery."
- Thomas Jefferson, letter to James Madison, January 30, 1787

"The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
- Thomas Jefferson, Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774-1776

"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks." - Thomas Jefferson, letter to Peter Carr, August 19, 1785

"The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed."
- Thomas Jefferson, letter to to John Cartwright, 5 June 1824

"On every occasion [of Constitutional interpretation] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying [to force] what meaning may be squeezed out of the text, or invented against it, [instead let us] conform to the probable one in which it was passed."
- Thomas Jefferson, letter to William Johnson, 12 June 1823

"I enclose you a list of the killed, wounded, and captives of the enemy from the commencement of hostilities at Lexington in April, 1775, until November, 1777, since which there has been no event of any consequence ... I think that upon the whole it has been about one half the number lost by them, in some instances more, but in others less. This difference is ascribed to our superiority in taking aim when we fire; every soldier in our army having been intimate with his gun from his infancy."
- Thomas Jefferson, letter to Giovanni Fabbroni, June 8, 1778

“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
- Benjamin Franklin, Historical Review of Pennsylvania, 1759

"To disarm the people...s the most effectual way to enslave them."
- George Mason, referencing advice given to the British Parliament by Pennsylvania governor Sir William Keith, The Debates in the Several State Conventions on the Adooption of the Federal Constitution, June 14, 1788

"I ask who are the militia? They consist now of the whole people, except a few public officers."
- George Mason, Address to the Virginia Ratifying Convention, June 4, 1788

"Before a standing army can rule, the people must be disarmed, as they are in almost every country in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops."
- Noah Webster, An Examination of the Leading Principles of the Federal Constitution, October 10, 1787

"Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of."
- James Madison, Federalist No. 46, January 29, 1788

"The right of the people to keep and bear arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country."
- James Madison, I Annals of Congress 434, June 8, 1789

"...the ultimate authority, wherever the derivative may be found, resides in the people alone..."
- James Madison, Federalist No. 46, January 29, 1788

"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
- William Pitt (the Younger), Speech in the House of Commons, November 18, 1783

“A militia when properly formed are in fact the people themselves…and include, according to the past and general usuage of the states, all men capable of bearing arms… "To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them."
- Richard Henry Lee, Federal Farmer No. 18, January 25, 1788

"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined.... The great object is that every man be armed. Everyone who is able might have a gun."
- Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778

"This may be considered as the true palladium of liberty.... The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction."
- St. George Tucker, Blackstone's Commentaries on the Laws of England, 1803

"The supposed quietude of a good man allures the ruffian; while on the other hand, arms, like law, discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The balance ofpower is the scale of peace. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside. And while a single nation refuses to lay them down, it is proper that all should keep them up. Horrid mischief would ensue were one-half the world deprived of the use of them; for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong. The history of every age and nation establishes these truths, and facts need but little arguments when they prove themselves."
- Thomas Paine, "Thoughts on Defensive War" in Pennsylvania Magazine, July 1775

"The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms."
- Samuel Adams, Massachusetts Ratifying Convention, 1788

"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."
- Joseph Story, Commentaries on the Constitution of the United States, 1833

"What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty .... 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."
- Rep. Elbridge Gerry of Massachusetts, I Annals of Congress 750, August 17, 1789

"For it is a truth, which the experience of ages has attested, that the people are always most in danger when the means of injuring their rights are in the possession of those of whom they entertain the least suspicion."
- Alexander Hamilton, Federalist No. 25, December 21, 1787

"If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state. In a single state, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or districts of which it consists, having no distinct government in each, can take no regular measures for defense. The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair."
- Alexander Hamilton, Federalist No. 28

"f circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist."
- Alexander Hamilton, Federalist No. 28, January 10, 1788

"As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms."
- Tench Coxe, Philadelphia Federal Gazette, June 18, 1789
 
If "the people" doesn't mean individuals in the 2A, then it can't mean individuals in the other amendments, either. Bam! (Mic drop.)
Agreed and difficult to argue under any pretense considering the SCOTUS in "Heller" held the Second Amendment guarantees an 'individual' right to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home.
 
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