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Gun Control & RKBA
In reply to the discussion: How is Meatloaf's 'Id Do Anything for Love' like the 2nd Amendment? [View all]sarisataka
(21,211 posts)5. Never understood why
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.
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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