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sarisataka

(21,211 posts)
5. Never understood why
Fri Jan 13, 2017, 02:28 PM
Jan 2017

people found the song so confusing. It was always clear to me.

If you really wish to change the wording, look at the drafts of the Amendment-

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

later
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.


Now you may try to argue that both of these, and indeed every other draft, mentions militia. One could argue that the founders felt only the militia should bear arms but you would be wrong. Both the Federalists and anti-Federalists agreed on the dangers of an over-powerful central government. George Mason spoke on the concern of how the militia must be a counterbalance for the people:
George Mason argued the importance of the militia and right to bear arms by reminding his compatriots of England's efforts "to disarm the people; that it was the best and most effectual way to enslave them ... by totally disusing and neglecting the militia." He also clarified that under prevailing practice the militia included all people, rich and poor. "Who are the militia? They consist now of the whole people, except a few public officers." Because all were members of the militia, all enjoyed the right to individually bear arms to serve therein.


The founders did believe in the militias being controlled by the states until summoned to duty by Congress. That leaves open a question they likely did not consider- What if the states neglect their duty to maintain militias?

That is answered by the Ninth and Tenth Amendments:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people


The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


If the states will not maintain militias the right to keep and bear arms will then revert to the people.
Wrong discntnt_irny_srcsm Jan 2017 #1
um.. mac56 Jan 2017 #6
At the time of ratification sarisataka Jan 2017 #9
As my learned associate sarisataka has explained... discntnt_irny_srcsm Jan 2017 #17
The Democratic party says the 2A supports an individual right to keep and bear arms. hack89 Jan 2017 #2
There is no basis to the popular myth needledriver Jan 2017 #3
You are right...the 2nd did NOT give the people the right to bear arms. jmg257 Jan 2017 #4
+1 Doug.Goodall Jan 2017 #13
errors in your reasoning jimmy the one Jan 2017 #29
Error in your reasoning: yagotme Jan 2017 #38
Never understood why sarisataka Jan 2017 #5
I believe the placement of the comma's yagotme Jan 2017 #7
+1 Doug.Goodall Jan 2017 #14
You overly complicated it in your "translation"... jmg257 Jan 2017 #8
Why does the word "arms" safeinOhio Jan 2017 #10
It doesn't refer only to firearms sarisataka Jan 2017 #11
taking rawle out of context jimmy the one Jan 2017 #30
Thank you for your support sarisataka Jan 2017 #33
sorry sari, wrong era webster's jimmy the one Jan 2017 #42
Cherry picking key words.. sarisataka Jan 2017 #44
It doesn't. Swords pistols accoutrements jmg257 Jan 2017 #12
Aw man. Ya' done opened up a can of worms now. Ya' done blasphemed flamin lib Jan 2017 #15
You mean Democratic Party talking points don't you? hack89 Jan 2017 #16
How many guns do you own, again? Or, shall I say, "cling to"? Marengo Jan 2017 #18
Your awkward question will no doubt go unanswered... friendly_iconoclast Jan 2017 #24
Might have saved yourself the effort. It's settled law now, at least for the foreseeable future. Marengo Jan 2017 #19
I just want to thank everyone for sharing their opinion.........n/t HAB911 Jan 2017 #20
You're welcome discntnt_irny_srcsm Jan 2017 #21
See post #19. It's a matter of *FACT* -- *not* opinion. NT pablo_marmol Jan 2017 #22
I just want to thank everyone for sharing their opinion.........n/t HAB911 Jan 2017 #23
I think there's an echo in here... discntnt_irny_srcsm Jan 2017 #25
No, the bill of rights "gives" nothing. X_Digger Jan 2017 #26
original wording was for the militia interpretation jimmy the one Jan 2017 #27
I'm really surprised no one has claimed HAB911 Jan 2017 #28
I think Hamilton was 1 of the 1st..the militia is much more of a defensive notion against tyranny jmg257 Jan 2017 #35
LOL, little, if at all, inferior to them in discipline and the use of arms, HAB911 Jan 2017 #36
You'll have to find someone who said it did. This is Hamilton's quote. jmg257 Jan 2017 #37
See: yagotme Jan 2017 #39
LOL!...........n/t HAB911 Jan 2017 #41
british scholars weighed in, after heller jimmy the one Jan 2017 #31
story & oliver support the militia view jimmy the one Jan 2017 #32
"probably" sarisataka Jan 2017 #34
They don't count. yagotme Jan 2017 #40
another sorry attempt re founding father quotes on 2ndA jimmy the one Jan 2017 #43
In all of your extended quotes sarisataka Jan 2017 #45
In your quote below, yagotme Jan 2017 #46
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