If you could rewrite the 2nd Amendment

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WTJ

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This is exactly the reason that we reduce the second amendment to a subordinate clause. If you read the whole whole thing, it get's a little problematic.

What if the people of a free state like Illinois chose to regulate their malitia differently than the people of a free state like Oklahoma chose to regulate theirs?

What is the Tenth Amendment, Alex?
 

WTJ

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Don't the enumerated powers in the second amendment give free states the lattitude to regulate their militias as the people see fit?


To which enumerated power do you refer? I have provided a list, however, none of them are a subset or element of the Second Amendment. There is an enumerated power, as listed below, concerning organizing, arming, and discipline of the Militia. The Second Amendment does not refer to a "militia". It refers to The People. There are various Militia Acts referring, as do the enumerated powers, to the Organized Militia, AKA the National Guard. Some states have a State Militia, which is governed solely by the state.

The list:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;

And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
 

sanjuro893

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That is an issue with the entire Constitution. Evidently, the framers did not foresee the abject stupidity present in later generations, and believed they were using plain language. The simplicity of "shall not be infringed." is impressive. It is the fault of the Prussian school model used in government schools.

"Well. that's what it says, but it REALLY means......" is the "reasonable man" standard of today.
2-A_Meaning_pg2.jpg
 

ignerntbend

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Look, we're talking about the the second amendment. Why did the founders ground the right to keep and bear arms in the idea that "a well regulated militia is necessary to the security of a free state?" Were they imbiciles, or what?
 

Glocksteady

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Arms should be defined as "all types of firearms". High capacity, those deemed "Assault Rifles", etc. Otherwise, the government will have us all carrying around squirt guns!
 

ignerntbend

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Guys, I want my gun rights as much as you want yours. A few years ago I was sitting in my uncle's living room with all my gun nut cousins. College educated gun nuts. Not a single one of them could recite the amendment by heart. It's just one sentence.
My own theory is that we remember the part we want to remember.
That's the whole point of the thread. How should we re-write it to make it say what we want it to say?
 

WTJ

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Look, we're talking about the the second amendment. Why did the founders ground the right to keep and bear arms in the idea that "a well regulated militia is necessary to the security of a free state?" Were they imbiciles, or what?

Webster: "Before a standing army can rule the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States."

Mason: "Who are the militia? They consist now of the whole people, except a few public officers."

Adams: "Be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless when necessary for the defence of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of their grievances: or to subject the people to unreasonable searches and seizures."

Other than this, there are about 15 different draft versions of the 2A.

I would say they were more intelligent and perceptive about freedoms than the imbeciles (IQ score of 20-39) currently in office.
 

WTJ

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Guys, I want my gun rights as much as you want yours. A few years ago I was sitting in my uncle's living room with all my gun nut cousins. College educated gun nuts. Not a single one of them could recite the amendment by heart. It's just one sentence.
My own theory is that we remember the part we want to remember.
That's the whole point of the thread. How should we re-write it to make it say what we want it to say?

That's what the Democratic and Liberal appointees to the SCOTUS are always trying to do. It doesn't need to be rewritten, it needs to be read correctly.

Mason: "Who are the militia? They consist now of the whole people, except a few public officers."
 

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