Posted on 06/22/2016 4:25:09 AM PDT by lowbridge
Ships of war were routinely held in private hands in revolutionary times. Letters of Marque were given to private individuals who had light warships armed with cannon.
I'm still waiting on my letters of Marque and Reprisal.
What the SCOTUS thought about gun control in the pre Civil War era.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0060_0393_ZO.html
It would give to persons of the negro race, who were recognised as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs,
and to KEEP AND CARRY ARMS wherever they went.
“Ships of war” were not only permissible for private ownership to the Founders, but encouraged. Where do you think they were to get ships for ‘Letters of Marque and Reprisal’ that are specifically enumerated in the Constitution?
That’s right, the Founders had NO problem with people owning battleship-equivalents.
I take that to mean 1)"self defense" 2) service in the state militia, and 3) hunting.
The "well-regulated Militia" clause does not LIMIT the right...it simply states why GOVERNMENT should assure that the citizenry is armed AND TRAINED. Just because government has failed to keep up their end of the responsibility does not detract from the rights of the citizenry one iota.
The Bill of Rights was drafted and passed in the first Congress, which included some of the Founders (significantly, Speaker of the House James Madison), and a lot of newer, perhaps lesser, lights. It was subsequently ratified by the States.
During the drafting of the 2nd Amendment, the MASSACHUSETTS delegation tired to insert pro-gun control language as used in their pro-gun control State constitution. That attempt went nowhere because the majority of State representatives did not want it. Saul Cornell wants to rewrite history and pretend the stick-up-the-ass Federalist Monocrats prevailed. They didn’t, but they are still trying.
Wrong. Look up the history of privateers and corvettes under letters of Marque and reprisal.
The government didnt have enough naval FIREPOWER and enlisted PRIVATE CITIZENS with CANNONS and war implements early in the republic.
If my neighbor wants a M1 Abrams, fine: 1) Keep it on your side of the road, 2) Don't fire main armament after I put my kids to bed, and 3) invite me to a live fire every once in a while.
“the Right of the People to keep and bear arms shall not be infringed.”
Bolstering your point, the right to keep and bear arms is explicitly vested in the PEOPLE, not the militia.
Was “Saul” named after his hero, Saul Alinsky?
History disagrees with you. For a huge chunk of history, private citizens (admittedly wealthy ones) owned cannon-equipped naval vessels (ships of war)- the nearest equivalent of the "nuclear weapon" of the era. Often more than one.
Prior to the 1930's, you could buy a full-auto Thompson at a hardware store. And that era was far more law-abiding than today in spite of that.
The “militia” of the time included any man capable of bearing arms. There wasn’t a standing army and there were no police forces back then. If the Indians came raiding, or a bad guy needed to be chased, adult men grabbed their guns and acted as ‘militia’.
Well regulated meant trained and equipped to do the job. So guys with guns and who knew how to use them formed “a well regulated militia”.
IIRC.
He also references pre constituiton laws written by people involved in a dirty insurgency against the most powerful empire on earth. Not even approaching relevancy.
thanks
I trust the author understands that the 2nd amendment does not grant the individual the right to own a means of defense. The 2nd amendment protects the individual's right to own a means defense from government interference.
Some folks like to twist the words and the meaning of the 2nd amendment to suit their socialist agenda. Let's review the words the founders ratified.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
A well educated Public, being necessary to the security of a free State, the right of the people to keep and bear Books, shall not be infringed.
A well regulated Internet being necessary to the security of a free state, the right of the people to keep and bear Modems shall not be infringed.
A well educated elite, being necessary to the security of a free state, the right of the people to become educated shall not be infringed.
This does not give only the people who are members of a militia the right to own a gun, or only people who read the right to own books, or only people who use the Internet the right to own a modem, or only the elite the right to be educated.
Some self-satisfied, self-appointed “expert” vents a bit of gas.
Yawn.
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 14; Pub. L. 85861, §1(7), Sept. 2, 1958, 72 Stat. 1439; Pub. L. 103160, div. A, title V, §524(a), Nov. 30, 1993, 107 Stat. 1656.)
bkmk
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