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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)45. In all of your extended quotes
they never once imply the right to arms is predicated or in any way limited to the active militia. Hamilton directly addresses, kindly highlighted by you, "all the militia" as a different entity then "excellent body of well-trained militia" he speaks of just after. Hamilton's "all the militia" is what is defined as the unorganized militia today. That those individuals be armed is expressed by Hamilton in the same passage:
if 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
Adam's quote does support the individual RKBA, while noting at the same time that they be governed by laws. The RKBA does not include any permission " to be used at individual discretion,". This is completely compatible with the SCOTUS ruling in Heller.
You are seriously citing Potowmac Institute as a rebuttal to Madison? The "Institute" is one man's glorified blog that takes quotes out of context, twists them into pretzels and leaps to unfounded conclusions. Even your cited quote-
There is no implication in the passage {above} that Madison meant a individual right to be armed outside of accountability to public authority.
qualifies itself with an assumption not in the text. Madison never, nor did any other contemporary, put forth that anyone had the right 'individual right to be armed outside of accountability to public authority". Just as stated by SCOTUS, the RKBA, as all other rights, is not unlimited but is subject to reasonable regulation.
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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