Posted on 01/25/2007 8:27:58 AM PST by kiriath_jearim
The arguments favoring the private ownership of handguns in this country are based on two myths.
The first myth is that the Second Amendment to the Constitution guarantees private citizens the right to own handguns.
The fact is this. The Second Amendment, in its entirety, states "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 National Rifle Association has succeeded brilliantly and cynically in convincing the public that the amendment consists only of the part that follows the comma.
Let us consider the context within which it was written. The country comprised only a loose arrangement of 13 separate colonies trying to get free from Britain. There was no strong central government that could raise and finance a national army. The leader, George Washington, had to rely on the willingness of each colony to send its militia of private citizens, each man carrying his own rifle, to join the effort.
It was a momentous struggle against a strong British army and its paid Hessian companions. It was only the heroic efforts of Washington's tattered volunteers that prevailed and eventually formed what would become the United States of America.
Only then did a collection of militias become what we have long known as a national militia. We call it the National Guard.
The second myth is that every private citizen needs a handgun to protect his loved ones and property against intrusion by burglars. This is a pernicious untruth. As a longtime trauma surgeon at Harborview Medical Center, the main center for treatment of all kinds of wounds and injuries, I cannot recall a single patient who had been shot by the resident of a private home while attempting to burglarize it. I believe my surgical colleagues would agree with that assessment. It is far more likely that a young boy finds a loaded handgun in his parents' bedside table and either he or a playmate gets shot while playing with it.
The other common use of handguns in private homes takes place during acts of domestic violence or drug disputes. Except in cases of convenience store holdups, gunshot wounds are administered by a family member or someone else known to the victim. We documented this well in a New England Journal of Medicine article we published as part of a comparison between Seattle and Vancouver, B.C., regarding the use of handguns.
Those are the two myths responsible for the ubiquitous presence and use of handguns in Seattle and elsewhere in this country. They attest to the ignorance of our citizens and our laziness in not even reading and learning the history of the Second Amendment to our Constitution.
After all, it is only a single sentence. That should not be too much for anyone.
The obvious truth is that only police and other law-enforcement officials should be allowed to have handguns in this country. Private citizens have no legitimate use or need for them, and they should be barred from possessing them. Period
Shame on us, for acquiescing to the NRA and to our own ignorance. We need to correct this dangerous condition.
[Clifford M. Herman, M.D., is a professor emeritus of surgery, University of Washington School of Medicine.]
We are the militia.
And by the way, I think I should be able to own a SAW -- it could come in very handy.
" People who OWN guns and use them in during a "burglary" are generally good enough shot that they end up at the morgue, not your hospital you idiot!
I hope the author of this article comes to see me....I'll show him what the Second Admendment is all about...he needs to be taught what the words mean....
Maybe the citizens of the Seattle are are very accurate marksmen.
Wow, just like the Clinton years, a negative gun article a day. Its almost as if the Dems orchestrate this kind of news story daily.
Who is Clifford M. Herman ?
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Okay "doctor" Herman, read this:
THE UNABRIDGED SECOND AMENDMENT
by J. Neil Schulman
If you wanted to know all about the Big Bang, you'd ring up Carl Sagan, right ? And if you wanted to know about desert warfare, the man to call would be Norman Schwarzkopf, no question about it. But who would you call if you wanted the top expert on American usage, to tell you the meaning of the Second Amendment to the United States Constitution ?
That was the question I asked A.C. Brocki, editorial coordinator of the Los Angeles Unified School District and formerly senior editor at Houghton Mifflin Publishers -- who himself had been recommended to me as the foremost expert on English usage in the Los Angeles school system. Mr. Brocki told me to get in touch with Roy Copperud, a retired professor of journalism at the University of Southern California and the author of "American Usage and Style: The Consensus."
A little research lent support to Brocki's opinion of Professor Copperud's expertise.
Roy Copperud was a newspaper writer on major dailies for over three decades before embarking on a a distinguished 17-year career teaching journalism at USC. Since 1952, Copperud has been writing a column dealing with the professional aspects of journalism for "Editor and Publisher", a weekly magazine focusing on the journalism field.
He's on the usage panel of the American Heritage Dictionary, and Merriam Webster's Usage Dictionary frequently cites him as an expert. Copperud's fifth book on usage, "American Usage and Style: The Consensus," has been in continuous print from Van Nostrand Reinhold since 1981, and is the winner of the Association of American Publisher's Humanities Award.
That sounds like an expert to me.
After a brief telephone call to Professor Copperud in which I introduced myself but did not give him any indication of why I was interested, I sent the following letter:
"I am writing you to ask you for your professional opinion as an expert in English usage, to analyze the text of the Second Amendment to the United States Constitution, and extract the intent from the text.
"The text of the Second Amendment is, 'A well-regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.'
"The debate over this amendment has been whether the first part of the sentence, 'A well-regulated Militia, being necessary to the security of a free State', is a restrictive clause or a subordinate clause, with respect to the independent clause containing the subject of the sentence, 'the right of the people to keep and bear Arms, shall not be infringed.'
"I would request that your analysis of this sentence not take into consideration issues of political impact or public policy, but be restricted entirely to a linguistic analysis of its meaning and intent. Further, since your professional analysis will likely become part of litigation regarding the consequences of the Second Amendment, I ask that whatever analysis you make be a professional opinion that you would be willing to stand behind with your reputation, and even be willing to testify under oath to support, if necessary."
My letter framed several questions about the test of the Second Amendment, then concluded:
"I realize that I am asking you to take on a major responsibility and task with this letter. I am doing so because, as a citizen, I believe it is vitally important to extract the actual meaning of the Second Amendment. While I ask that your analysis not be affected by the political importance of its results, I ask that you do this because of that importance."
After several more letters and phone calls, in which we discussed terms for his doing such an analysis, but in which we never discussed either of our opinions regarding the Second Amendment, gun control, or any other political subject, Professor Copperud sent me the follow analysis (into which I have inserted my questions for the sake of clarity):
[Copperud:] "The words 'A well-regulated militia, being necessary to the security of a free state,' contrary to the interpretation cited in your letter of July 26, 1991, constitutes a present participle, rather than a clause. It is used as an adjective, modifying 'militia,' which is followed by the main clause of the sentence (subject 'the right', verb 'shall'). The to keep and bear arms is asserted as an essential for maintaining a militia.
"In reply to your numbered questions:
[Schulman:] "(1) Can the sentence be interpreted to grant the right to keep and bear arms solely to 'a well-regulated militia'?"
[Copperud:] "(1) The sentence does not restrict the right to keep and bear arms, nor does it state or imply possession of the right elsewhere or by others than the people; it simply makes a positive statement with respect to a right of the people."
[Schulman:] "(2) Is 'the right of the people to keep and bear arms' granted by the words of the Second Amendment, or does the Second Amendment assume a preexisting right of the people to keep and bear arms, and merely state that such right 'shall not be infringed'?"
[Copperud:] "(2) The right is not granted by the amendment; its existence is assumed. The thrust of the sentence is that the right shall be preserved inviolate for the sake of ensuring a militia."
[Schulman:] "(3) Is the right of the people to keep and bear arms conditioned upon whether or not a well regulated militia, is, in fact necessary to the security of a free State, and if that condition is not existing, is the statement 'the right of the people to keep and bear Arms, shall not be infringed' null and void?"
[Copperud:] "(3) No such condition is expressed or implied. The right to keep and bear arms is not said by the amendment to depend on the existence of a militia. No condition is stated or implied as to the relation of the right to keep and bear arms and to the necessity of a well-regulated militia as a requisite to the security of a free state. The right to keep and bear arms is deemed unconditional by the entire sentence."
[Schulman:] "(4) Does the clause 'A well-regulated Militia, being necessary to the security of a free State,' grant a right to the government to place conditions on the 'right of the people to keep and bear arms,' or is such right deemed unconditional by the meaning of the entire sentence?"
[Copperud:] "(4) The right is assumed to exist and to be unconditional, as previously stated. It is invoked here specifically for the sake of the militia."
[Schulman:] "(5) Which of the following does the phrase 'well-regulated militia' mean: 'well-equipped', 'well-organized,' 'well-drilled,' 'well-educated,' or 'subject to regulations of a superior authority'?" [Copperud:] "(5) The phrase means 'subject to regulations of a superior authority;' this accords with the desire of the writers for civilian control over the military."
[Schulman:] "(6) (If at all possible, I would ask you to take account the changed meanings of words, or usage, since that sentence was written 200 years ago, but not take into account historical interpretations of the intents of the authors, unless those issues can be clearly separated."
[Copperud:] "To the best of my knowledge, there has been no change in the meaning of words or in usage that would affect the meaning of the amendment. If it were written today, it might be put: "Since a well-regulated militia is necessary tot he security of a free state, the right of the people to keep and bear arms shall not be abridged.'
[Schulman:] "As a 'scientific control' on this analysis, I would also appreciate it if you could compare your analysis of the text of the Second Amendment to the following sentence,
"A well-schooled electorate, being necessary to the security of a free State, the right of the people to keep and read Books, shall not be infringed.'
"My questions for the usage analysis of this sentence would be,
"(1) Is the grammatical structure and usage of this sentence and the way the words modify each other, identical to the Second Amendment's sentence?; and
"(2) Could this sentence be interpreted to restrict 'the right of the people to keep and read Books' _only_ to 'a well-educated electorate' -- for example, registered voters with a high-school diploma?"
[Copperud:] "(1) Your 'scientific control' sentence precisely parallels the amendment in grammatical structure.
"(2) There is nothing in your sentence that either indicates or implies the possibility of a restricted interpretation."
Professor Copperud had only one additional comment, which he placed in his cover letter: "With well-known human curiosity, I made some speculative efforts to decide how the material might be used, but was unable to reach any conclusion."
So now we have been told by one of the top experts on American usage what many knew all along: the Constitution of the United States unconditionally protects the people's right to keep and bear arms, forbidding all governments formed under the Constitution from abridging that right.
As I write this, the attempted coup against constitutional government in the Soviet Union has failed, apparently because the will of the people in that part of the world to be free from capricious tyranny is stronger than the old guard's desire to maintain a monopoly on dictatorial power.
And here in the United States, elected lawmakers, judges, and appointed officials who are pledged to defend the Constitution of the United States ignore, marginalize, or prevaricate about the Second Amendment routinely. American citizens are put in American prisons for carrying arms, owning arms of forbidden sorts, or failing to satisfy bureaucratic requirements regarding the owning and carrying of firearms -- all of which is an abridgement of the unconditional right of the people to keep and bear arms, guaranteed by the Constitution.
And even the American Civil Liberties Union (ACLU), staunch defender of the rest of the Bill of Rights, stands by and does nothing.
it seems it is up to those who believe in the right to keep and bear arms to preserve that right. no one else will. No one else can. Will we beg our elected representatives not to take away our rights, and continue regarding them as representing us if they do? Will we continue obeying judges who decide that the Second Amendment doesn't mean what it says it means but means whatever they say it means in their Orwellian doublespeak ?
Or will be simply keep and bear the arms of our choice, as the Constitution of the United States promises us we can, and pledge that we will defend that promise with our lives, our fortuned, and our sacred honor ?
(C) 1991 by The New Gun Week and Second Amendment Foundation. Informational reproduction of the entire article is hereby authorized provided the author, The New Gun Week and Second Amendment Foundation are credited. All other rights reserved.
About the Author
J. Neil Schulman is the award-winning author of novels endorsed by Anthony Burgess and Nobel-economist Milton Friedman, and writer of the CBS "Twilight Zone" episode in which a time-traveling historian prevents the JFK assassination. He's also the founder and president of SoftServ Publishing, the first publishing company to distribute "paperless books" via personal computers and modems.
Most recently, Schulman has founded the Committee to Enforce the Second Amendment (CESA), through which he intends to see the individual's right to keep and bear arms recognized as a constitutional protection equal to those afforded in the First, Fourth, Fifth, Ninth and Fourteenth amendments.
The way I read the Second Amendment is this:
"If the general population has to be called out and formed into a militia due to great need, we won't have time to teach them how to shoot. So everyone should be free to own and use guns."
It's generally a futile task to try to educate such people as to the true meaning of the 2nd Amendment (or any other such portion of our founding documents). See, they're already smarter than everyone else, and so will not heed any words of criticism or advice.
Okay. The first ten amendments of the US Constitution were the Bill Of Rights. These were the rights of the people.
Agreed. As one sage put it: "Why would you trust a politician who doesn't trust you to possess a firearm?"
Really? Then why did the citizens of the State of Washington write into their State Constitution, Article I, Section 24 which says:
"The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men."
The right of the individual citizen to bear arms in defense of himself. seems pretty clear to me, doctor. You and your buddies kill more people each year than guns ever will. Let's not be too quick to place blame.
"Are you really that goofy?"
***
I'm not...but the author of the article is.
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