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Edited on Fri Apr-20-07 12:03 PM by jmg257
The constitution (1788) gave powers to the Congress that were formally powers of the states - to provide for organizing, arming and disciplining THE Militia of the several states, and to provide for how they would be called forth. (which Congress 1st did in the Militia Act of 1792 - people armed themselves AS ALWAYS (including pistols!), discipline was via Van Stuben's Blue Book, organization was spelled out, the Militia would be called out for/when etc etc.)
In the Bill of Rights (1791), WHICH AMENDED THE CONSTITUTION, the people wanted to MAKE SURE the Congress with their new power would NOT infringe on THEIR INDIVIDUAL Right to keep and bear arms, and would NOT do away with THE STATE armed and well-trained militias - so they protected the former explicitly, and further recognized and "required" the latter, in the 2nd Amendment. Infringement of the individual right is unconstitutional, and so is malfeasance with regards to the militia.
Because the 2nd ALSO became part of "the supreme law of the Land" - "anything in the Constitution or laws of any State to the contrary notwithstanding", NEITHER could the States infringe on the right to keep and bear arms, nor make THE Militia obsolete.
That is it - the 2nd requires THE well-armed well trained Militia of the several states, AND protects THE Right of the people; ALL as the supreme Law.
THE Militia existed already, "the militia of the several states" is well-recognized as exisiting by the constitution AND as being separate from the Army and Navy ("The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States;"). Congress did NOT get power to create or re-create the miltia, and it is NOT the army.
The Right of the people to keep and bear arms also existed already - it was secured in the militia clauses, and is further recognized AND PROTECTED by the 2nd amendment.
Don't like the amendment - get it changed, but DO NOT be dishonest about what it says by trying to change what it means!
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