Taking a bite out of the 2nd Amendment

The Pittsburgh Tribune-Review ^ | Sunday, January 30, 2005 | Saul Cornell

[Willie Green]

The Department of Justice decided to revise the Second Amendment. It has produced a 100-page memo designed to give activist judges a historical pretext for striking down existing gun laws.

Rewriting the Bill of Rights has been pawned off as nothing more than a return to the original understanding of the amendment. Yet this revisionist interpretation has nothing to do with the original.

Reads the Second Amendment: "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." The department's revised Second Amendment contends the right of individuals to keep and carry guns shall not be infringed.

The Department of Justice has erased the preamble, which states the purpose of the amendment, to create a "well regulated Militia."

[King Prout]

the thing is, the Constitution IS a living document. What the Leftists conveniently avoid mentioning is that it contains very clear and strict provisions for its own evolution: the amendment process. Leftists prefer not to make the sheeple aware of that little fact, preferring instead to use judicial activism as an end-run around the caution of the Founders.

[Griptilian]

In 1783, the term "well-regulated" meant efficient and ordered - it had nothing to do with government oversight.

Sort of, but, no.

"Well regulated" means a state [not Fed] is to have regulations for their militia. Primarily at that time it was to set up a chain of command for communication. You didn't just get on the phone and call the governor if the militia was needed.

The system for a militia, defined by regulations passed by the legislature, insured prompt response to threats, disasters, and other needs. It was also to make sure there were enough people in place to handle the needs of the state. (ie: state tried to make sure everybody didn't just live in a few areas, but rather able men lived in outlying areas as well.)

Sarah Brady's opinion of the laws during that period do not reflect the real laws nor reality itself. The regulations put in place called for men to have weapons and ammo.

Never did 'well regulated' mean gun control or the oppression of liberty to own and possess a weapon for use in a militia [which, yes, is military style weapons].

[groanup]

An oldie but a goodie:

http://www.firearmsandliberty.com/unabridged.2nd.html

[Fenris6]

dammit - if you're going to trash my soundbyte, at least give me a concise replacement :)

[tet68]

You would think a reporter would KNOW how many commas
are in the 2nd amendment. But NOooooooooooo!

[Griptilian]

I'll try to do better from now on.
Promise.

[larryw408]

No doubt. Thanks for expanding on my mental short-hand. :-)

[Fenris6]

you know i'm just razzing ya - good work

[Griptilian]

http://www.freerepublic.com/forum/a39388c210c1b.htm

[Redbob]

"...private ownership of firearms in the original colonies was basically universal,..."

This fact was thoroughly refuted by the prize-winning research of Prof. Michael Bellesiles of Emory University.

Reseearch, by the way, which has since been shown to be completely fraudulent, followed shortly by revocation of his Bancroft Prize, followed thence by revocation of his employment at Emory.

Hehehehehe...

[Redbob]

Don't you just love the Orwellian twist of calling strict-constructionist judges "activists?"

[gidget7]

where is the barf alert?


I wouyld say it needs a "Heads Up!" alert! Or a "Rights Under Attack Again", alert!

[Still Thinking]

The Department of Justice decided to revise the Second Amendment. It has produced a 100-page memo designed to give activist judges a historical pretext for striking down existing gun laws.

These idiots infuriate me. Now you're an "activist judge" if you DO apply the constitution.

[KarlInOhio]

"I ask, sir, what is the militia? It is the whole people, except for a few public officials." - George Mason

[Still Thinking]

Due to the fact that private ownership of firearms in the original colonies was basically universal, I'd say the 2nd Admendment was meant to guarantee gun ownership for more than just the Militia.

Not exactly true. The public WAS considered the militia; all men of a certain age and certain women as well. The current liberal practice of equating the militia with the National Guard is apparently erroneous.

[Oatka]

"Well regulated" means a state [not Fed] is to have regulations for their militia. Primarily at that time it was to set up a chain of command for communication.

I remember reading a news item in a Civil War newpaper that reported "The xxx Ohio are well regulated, being armed with Sharps breechloaders." Sounds like it meant "well armed" in that context.

[spodefly]

Saul Cornell is an associate professor of history and director of the Second Amendment Research Center at the John Glenn Institute at Ohio State University.

And is either completely ignorant of the writings of the founding fathers concerning the meaning of the 2nd Amendment, or is a complete LIAR.

[spodefly]

Saul Cornell Ohio State University

Saul Cornell is Associate Professor of History at the Ohio State University. Professor Cornell is the author of The Other Founders: Anti-Federalism and the Dissenting Tradition in America, 1788-1828 and Whose Right to Bear Arms did the Second Amendment Protect. His articles have appeared in The Journal of American History, William and Mary Quarterly, American Quarterly, American Studies, Law and History Review, Constitutional Commentary and Reviews in American History. Professor Cornell was a Fulbright scholar and held the Thomas Jefferson Chair in American Studies at Leiden University in the Netherlands. In addition to these scholarly interests Professor Cornell has been actively involved in the development of multi-media and hypertext materials for use in the American history survey course and has lectured widely in America and Europe on this topic.

[spodefly]

Professor Saul Cornell
OSU Department of History
263 Dulles Hall
230 West 17th Avenue
Columbus, OH 43210
Cornell.14@osu.edu

Phone: 614-292-7858

Fax: 614-292-2282

[chuckwalla]

It appears to me that they are saying that the 2d is the only amendment preventing the people from making any law preventing the gov from keeping and bearing arms.