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To: RightFighter

It’s an interesting perspective, but one that should be supported by contemporaneous writings if this is indeed the intent.


7 posted on 01/18/2013 12:26:38 PM PST by Defiant (If there are infinite parallel universes, why Lord, am I living in the one with Obama as President?)
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To: Defiant

“...contemporaneous writings...”


“I ask, sir, what is the militia?
It is the whole people, except for a few public officials.”
~ George Mason-1788
-
“Congress has no power to disarm the militia.
Their swords,
and every other terrible implement of the soldier,
are the birth-right of an American.
The unlimited power of the sword is not in the hands
of either the federal or state governments, but,
where I trust in God it will ever remain,
in the hands of the people.”
~ Tench Coxe
-
“No legislative act contrary to the Constitution, can be valid.
To deny this, would be to affirm, that the servant is above his master;
that the representatives of the people are superior to the people themselves;
that men acting by virtue of powers may do
not only what their powers do not authorize
but what they forbid.“
~ Alexander Hamilton
-


21 posted on 01/18/2013 1:04:24 PM PST by Repeal The 17th (We have met the enemy and he is us.)
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To: Defiant

I agree. The contemporaneous writings should be examined with this in mind.

That being said, last week I came across this Penn & Teller video where they weigh in on the debate with an argument matching this thread: http://www.youtube.com/watch?v=1GNu7ldL1LM


22 posted on 01/18/2013 1:05:39 PM PST by the_Watchman
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To: Defiant

Not intent, meaning. Meaning controls. Intent is up in the air, legally speaking.


46 posted on 01/18/2013 2:52:29 PM PST by Tublecane
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To: Defiant; the_Watchman; Repeal The 17th; 1010RD; Tublecane; Hillarys Gate Cult
Contemporaneous comments from Patrick Henry at the Virginia Ratifying Convention of 1788, who feared disarmament by the proposed government:

"Let me here call your attention to that part which gives the Congress power "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." By this, sir, you see that their control over our last and best defense is unlimited."

"If they neglect or refuse to discipline or arm our militia, they will be useless: the states can do neither — this power being exclusively given to Congress."

"The power of appointing officers over men not disciplined or armed is ridiculous; so that this pretended little remains of power left to the states may, at the pleasure of Congress, be rendered nugatory. Our situation will be deplorable indeed: nor can we ever expect to get this government amended, since I have already shown that a very small minority may prevent it, and that small minority interested in the continuance of the oppression. Will the oppressor let go the oppressed? Was there ever an instance? Can the annals of mankind exhibit one single example where rulers overcharged with power willingly let go the oppressed, though solicited and requested most earnestly? The application for amendments will therefore be fruitless. Sometimes, the oppressed have got loose by one of those bloody struggles that desolate a country; but a willing relinquishment of power is one of those things which human nature never was, nor ever will be, capable of."

Thanks for a great post RightFigher.

Our Framing generation abhorred standing armies. Despite their mixed performance at best during the war, there was no way the Anti-Federalists would allow the new government a loophole to disarm the militia. That would invite the scourge of standing armmies to enforce the law. In addition to attempted disarmament by the Brits at the opening of the Revolutionary War war, our foreign ministers to France and Spain had seen what happened when only the government owned weapons; that was not going to happen here.

By supporting the militia, the Second Amendment ensured the government would never have a monopoly on force. It is a personal right that served the fundamental purpose of government, the protection of our lives.

Thanks for the ping, 1010RD.

86 posted on 01/19/2013 3:23:59 AM PST by Jacquerie ("How few were left who had seen the republic!" - Tacitus, The Annals)
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