Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

jmg257

(11,996 posts)
5. Pretty simple actually. I don't know why anyone would think it doesn't just mean what it says.
Fri Dec 21, 2012, 11:17 AM
Dec 2012

It identifies the necessity of a well functioning Militia. It secures the right of the people to keep and bear arms.

The Militias let We the people avoid the dependence on that bane of liberty, a large standing army...because a large standing army is THE source of power of a tyrannical government.

Besides ensuring the right to keep and bear arms (individually), it was imperative that the people themselves make up the Militias.
Who better ("necessary...".) to secure the liberties of the people then the people themselves? The Militias of the Several States, made from the body of the people, were entities that exisited long before the Constitution, and especially under the Articles of Confederation. In the Constiution they were given very specific very important roles in securing our freedom.

But the Congress was given the powers formally left to the states - to, not only provide for how the state Militias would be called up for federal use, but to dictate how those exisiting Militias were to be organized, trained and armed (the people would supply their own arms to avoid govt control). Why? So they would be most effective...our freedom depended on it! (note congress was NOT given any power to create OR re-create the Militias as a part of the federal military).

Bottom line - the 2nd amendment is to ensure the government can not disarm the people. It secures the right of the people - individually and collectivelly - to bear arms. Certainly 'self-defence' and 'the taking of wild game' were a given, just as much as the common defence.

"well-regulated" is WHY the Congress was given the powers of organization and training...The Militias being well-trained, well armed and, due to conformity - well-functioning, would be assured (they weren't under the AoC) - it was now the law of the land. And because Congress was given that power is WHY the security of the right was enumerated.


This is the amendment as 1st proposed by Madison. It clearly shows the intent:

"The right of the people to keep and bear arms shall not be infringed; a well
armed and well regulated militia being the best security of a free country:
but no person religiously scrupulous of bearing arms shall be compelled to
render military service in person."


Of course the militia declaration in the 2nd has been obsoleted by the people due to our acceptance of a large (HUGE) standing army, and the nationalizing of the militia via the National Guard. By 1900, the level of effectiveness of the Militias of the Several States in fighting our wars of conquest left something to be desired.

Just as well - if the Militia declaration still held much merrit, all the people would have access to to all the current arms of the military - M16s, M4s, M9s etc. Also things like gun free zones, municipalites and cities would take a big hit.

I point that out on a regular mikeysnot Dec 2012 #1
Fat Tony Scalia Gave Them Backing For That Gloss-over Attitude. (nt) Paladin Dec 2012 #3
See Also Paul Fussell's A Well-Regulated Militia Vogon_Glory Dec 2012 #2
We've all read it. It doesn't really resolve the argument. nt Romulox Dec 2012 #4
Pretty simple actually. I don't know why anyone would think it doesn't just mean what it says. jmg257 Dec 2012 #5
People do love to place drafts over final editions riqster Dec 2012 #10
NO argument there. jmg257 Dec 2012 #14
I prefer Sanford Levinson and Laurence Tribe (liberal legal scholars) X_Digger Dec 2012 #6
Tribe is a smart cookie, to say the least riqster Dec 2012 #12
To have a militia is the reason for protecting the right. X_Digger Dec 2012 #15
Not a valid analogy riqster Dec 2012 #20
It's a valid english statement, but let me give you another, closer one.. X_Digger Dec 2012 #22
More fallacious reasoning wtmusic Dec 2012 #27
Lol, don't hurt your back twisting like that. X_Digger Dec 2012 #28
Yes, but of course the law wouldn't be passed wtmusic Dec 2012 #30
*snort* It wasn't a serious law, of course. X_Digger Dec 2012 #31
Ha ha, of course not. wtmusic Dec 2012 #34
Do analogies frequently puzzle you? X_Digger Dec 2012 #35
Those pesky little commas make ALL the difference in the World FreakinDJ Dec 2012 #7
Not a problem riqster Dec 2012 #9
Arguing about commas in the second amendment.. X_Digger Dec 2012 #11
sorry, like the rest of the Constitution, it is what the SCOTUS says it is. cali Dec 2012 #8
Shhhh... -..__... Dec 2012 #17
You haven't even begun to parse the words "militia" or "regulated"... wtmusic Dec 2012 #13
Thats's a good thing... jmg257 Dec 2012 #19
Thank goodness, the NRA is not the S.C. riqster Dec 2012 #21
This discussion is moot; the Court has ruled that the right is to the individual 1-Old-Man Dec 2012 #16
It's not moot at all, unless you mean "any arms" to "any individual". wtmusic Dec 2012 #24
For over 200 years, it was not held to be a right. So if you throw in your lot with the Filthy Five byeya Dec 2012 #18
Err.. it was. X_Digger Dec 2012 #23
So was slavery. wtmusic Dec 2012 #25
Change is what it would take. Lizzie Poppet Dec 2012 #26
The scope of the right is indisputable, the purpose is not wtmusic Dec 2012 #29
Okay, now what? Rex Dec 2012 #32
We need to deal with the current reality riqster Dec 2012 #33
Latest Discussions»General Discussion»Try Reading the Entire Se...»Reply #5