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To: FlingWingFlyer

Everywhere else in the Constitution, “the people” refers unambiguously to all the people. Hence, the language of the Second Amendment, “the right of the people to keep and bear arms, shall not be infringed” means that all of the people have a right to bear arms.

Would it help if there was a comma between the militia clause and the right to bear arms clause, George. Oh, and would it help if you realized what constituted a “militia” at the time of the Constitution’s adoption. ‘Cause I’ll tell you, “well regulated” or not, they weren’t talking about the National Guard.

I weep for conservatism’s future.


35 posted on 11/23/2008 2:41:55 AM PST by Tublecane
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To: Tublecane
‘Cause I’ll tell you, “well regulated” or not, they weren’t talking about the National Guard.

There are abundant sources of historical information about Original Intent with regard to the Constitution's clauses dealing with the Militia, and the Second Amendment as well, to elucidate what Hamilton and Madison had in mind for the Militia. There are also two iterations of the early Federal Period legislation on the Militia that show clearly the will of the Congress, and they also show that the papers in The Federalist are in fact expository and authoritative on the subject of private ownership of firearms.

The Militia was composed of the Organized Militia, and the Unorganized Militia (everybody else).

Illinois's limitation of the Militia to 8600 politically-connected "reliable men" of the National Guard (a faction, in other words) that gave rise to the Presser vs. Illinois decision that Miller rested on, was unconstitutional.

SCOTUS in Presser rubber-stamped Illinois's repealer of 2A rights at the State level (which repealer was forbidden already by 14A's Privileges and Immunities clause when Illinois's boss-dominated legislature wrote their law).

Presser and Illinois's state gun-grabber laws are no more valid than the D.C. gun laws, and Presser and the host of oppressive state gun laws that rely on its authority need to be revisited and taken down in accordance with Original Intent.

People like George Will just don't want to get it.

38 posted on 11/23/2008 2:58:17 AM PST by lentulusgracchus ("Whatever." -- sinkspur)
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