Gun Control & RKBA
In reply to the discussion: Fewer guns mean fewer killings. We want a handgun ban. [View all]jimmy the one
(2,720 posts)wm rawle, ~1825: The prohibition is general. No clause in the Constitution could by any rule of construction be conceived to give to congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.
tortoise: Isn't this clear? "No clause in the constitution" includes the prefatory clause that J1 is so enamored of...
I repeat, rawle was wrong on this, since 2ndA did not apply to the individual states but to the federal govt.
Rawle perhaps thinking of militia clause & wrm being necessary, dunno, hard to say.
You are obviously not well versed on Wm Rawle. I have been studying rawle, & story & tucker to less extent, the past 15 years, & I wrote a 40 page paper entitled 'Justice Scalia's fraudulent portrayal of Wm Rawle' in 2009 after heller & sent it to maybe 6 of the supreme court justices, for what little good it did. I've read 'A View of the Constitution' by Wm Rawle, albeit mostly skim through.
Rawle mentions the militia again in chapter 13 (xiii) of his 'View', which concerns itself with the military; here is excerpt which I will first let you hang yourself with in anticipation of your misinterpretation. There are other tidbits you might find, go fetch. Hint, chapter 29, levying.
rawle: In a people permitted and accustomed to bear arms, we have the rudiments
of a militia, which properly consists of armed citizens, divided into
military bands, and instructed at least in part, in the use of arms for the purposes
of war. Their civil occupations are not relinquished, except while they
are actually in the field, and the inconvenience of withdrawing them from
their accustomed labours, abridges the time required for military instruction.
Militia therefore never amount to perfect soldiers, unless the public exigencies
shall have kept them so long together as to absorb the civil, in the military
character.
The human mind is of a nature so flexible, that it may by
http://www.portagepub.com/dl/causouth/rawle.pdf