Mon Jan 14, 2013, 09:37 PM
FleetwoodMac (351 posts)
2nd Amendment, A Historical Evolution
A concise evolution of the 2nd Amendment, starting from it's first documented advent, to its 21st century ni-hilibillism
1689: English Declaration of Rights
"That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law."
September 1, 1774: A declaration by the George Washington-led the Fairfax independent Company of Voluntiers
"We the Subscribers, being sensible of the Expediency of putting the Militia of this Colony upon a more respectable Footing, & hoping to excite others by our Example, have voluntarily freely & cordially entered into the following Association; which we, each of us for ourselves respectively, solemnly promise, & pledge our Honours to each other, and to our Country to perform.
That we will form ourselves into a Company, not exceeding one hundred Men, by the Name of The Fairfax independent Company of Voluntiers, making Choice of our own Officers; to whom, for the Sake of Good-order & Regularity, we will pay due submission. That we will meet at such Times & Places in this County as our said Officers (to be chosen by a Majority of the Members, so soon as fifty have subscribed) shall appoint & direct, for the Purpose of learning & practising the military Exercise & Discipline; dressed ; and furnished with a good Fire-lock & Bayonet, Sling Cartouch-Box, and Tomahawk. And that we will, each of us, constantly keep by us a Stock of six pounds of Gunpowder, twenty pounds of Lead, and fifty Gun-flints, at the least.
January 17, 1775: Virginia's Fairfax Committee of Safety
"... that a well regulated Militia, composed of the gentlemen freeholders, and other freemen, is the natural strength and only stable security of a free Government, and that such Militia will relieve our mother country from any expense in our protection and defence, will obviate the pretence of a necessity for taxing us on that account, and render it unnecessary to keep Standing Armies among us – ever dangerous to liberty; and therefore it is recommended to such of the inhabitants of this County as are from sixteen to fifty years of age, to choose a Captain, two Lieutenants, an Ensign, four Sergeants, four Corporals, and one Drummer, for each Company; that they provide themselves with good Firelocks, and use their utmost endeavours to make themselves masters of the Military Exercise, published by order of his Majesty in 1765, and recommended by the Provincial Congress of the Massachusetts Bay, on the 29th of October last."
May 20, 1776: Virginia Declaration of Rights
XIII That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and be governed by, the civil power.
August 16, 1776: Pennsylvania’s Declaration of Rights
XIII. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
August 1, 1788: George Mason's original two clause draft of the Second Amendment
That the People have a Right to keep & to bear Arms; that a well regulated Militia, composed of the Body of the People, trained to Arms, is the proper natural and safe Defence of a free State; that standing Armys in time of Peace are dangerous to Liberty, and therefore ought to be avoided, as far as the Circumstance and Protection of the Community will admit; and that in all Cases, the Military shou’d be under strict Subordination to and govern’d by the Civil Power.
August 21, 1789: The Bill of Rights
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.
20th and 21st century:
Whichever way the NRA choose to define it. Which is absolutely logical, in the same manner that we allow tobacco companies to take the lead on national healthcare policies. Oh, wait...
6 replies, 1375 views
2nd Amendment, A Historical Evolution (Original post)
Response to FleetwoodMac (Original post)
Mon Jan 14, 2013, 09:51 PM
pkdu (2,112 posts)
1. + a gazillion! It was ALWAYS about anti-standing Army ie gubmint. It.is.obsolete. Unless...
Others would like to argue we need to dispose of the standing army???
Response to pkdu (Reply #1)
Mon Jan 14, 2013, 10:35 PM
FleetwoodMac (351 posts)
2. Precisely. The Second Amendment was never about individual arm ownership.
The Militia Acts of 1792 clearly illustrate the intent of the the Founding Fathers with regards to militias.
Chap. ⅩⅩⅧ.—An Act to provide for calling forth the Militia to execute the laws of the Union, suppress insurrections and repel invasions.
Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United States, to call forth such number of the militia of the state or states most convenient to the place of danger or scene of action, as he may judge necessary to repel such invasion, and to issue his orders for that purpose, to such officer or officers of the militia as he shall think proper; and in case of an insurrection in any state, against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such state, or of the executive (when the legislature cannot be convened) to call forth such number of the militia of any other state or states, as may be applied for, or as he may judge sufficient to suppress such insurrection.
Response to FleetwoodMac (Reply #2)
Mon Jan 14, 2013, 11:51 PM
SunSeeker (10,897 posts)
3. Correct. This is exactly how the 2nd Am has always been interpreted....until recently.
The U.S. Supreme Court, until relatively recently, did not read the 2nd Am as enshrining gun rights. They read it as the anachronistic, irrelevant provision that it is. It is no coincidence that the same Court majority that declared corporations people declared guns a fundamental right.