Re: Sarah Palin Says Only Candidate to Beat Obama is Newt
Posted by:
Bill.N.
()
Date: January 18, 2012 03:42PM
sleepy Wrote:
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> It’s funny how you wingnuts always ignore the
> first 13 words of this Amendment. The Founders
> tied the ‘right to keep and bear arms’ to the
> necessity of maintaining a ‘well regulated
> militia’. Why do you suppose this was done?
> Since neither the Constitution itself , nor the
> Bill of Rights, contemplates the US having a
> standing army, I posit that the Founders expected
> that community-based militias would be the
> primary military form used to protect against
> foreign intrusion. To maintain militia readiness,
> citizen would need to own their own weapons.
>
> To suggest that the Founders favored the sort of
> unencumbered, unregulated gun ownership envisioned
> and championed today by the NRA is ludicrous.
Sleepy-Please remember that opposition to gun control isn't limited to those on the political right.
While you are correct that the Second Amendment refers to a "well regulated militia" you forget that in the context of the time in most colonies that meant just about every free white male property owner, and in some colonies every free white man. The phrase "well regulated" was intended to exclude from the coverage of the amendment not the law abiding semi-organized citizens but rather members of unofficial militias organized outside of, and in some cases contrary to, the laws of the states. One example of this would be the Regulators in pre-American Revolution western North Carolina.
Also while may gun control opponents overlook the first phrase of the Second Amendment, many gun control advocates overlook the words "the right of the people". The drafters of the Second Amendment were certainly could simply have said "“A well regulated Militia, being necessary to the security of a free State, the right of MEMBERS OF SUCH MILITIAS to keep and bear Arms, shall not be infringed.” That they chose to use more expansive language is indicative that the framers intended a more expansive reading than formations comparable to the National Guard today.
In addition you need to remember that the Second Amendment, like all other amendments, was passed with the distinct purpose of limiting the powers that had been granted to the central government under the Constitution. If you read Aticle I section 8 of the Constitution it gives the central government fairly extensive powers over the militias, and arguably the provision granting the central government control over the arming of the militia could also be used to disarm the militia, something the drafters of the Bill of Rights would have wanted to avoid.
The notion that the Second Amendment was originally intended to limit state government restrictions on gun ownership is of course silly. Like just about everything else in the Bill of Rights the Second Amendment was intended to limit the Federal government only. However if you accept the notion that the passage of the Fourteenth Amendment has somehow made those inherent rights of free men vis a vis the national government also applicable to state and local governments as well, it is difficult to argue that the principal would apply to freedom of religion or to the right to an attorney, but not to the right to bear arms.