ivwshane
Lifer
- May 15, 2000
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Can you provide any proof that the people that founded this country and wrote all these docs didn't want it's citizens armed? I get they talked about militias and I also get that you'll never agree on what one of those were at the time, who they were made up of, and how it would possibly work out if it wasn't made up of citizens that may or may not have kept their own arms. I can't find anything on it, nor could a friend that majored in US history. Granted he's of the believe that the idea was to make sure the citizens could keep and bare arms if needed to avoid another authoritarian group from taking US. I'm not saying it doesn't exist, I just can't find it. I can find quotes from Jefferson where he directly wrote “No free man shall ever be debarred the use of arms.” – Thomas Jefferson, Virginia Constitution, Draft 1, 1776. I can also find other quotes from others that seem to back up the idea that the idea was citizens were to be allowed to keep arms. I just can't do the other way where they clearly and directly said 'only the militias.. or army, which by your definition is what a militia is. I also find it odd that for centuries the US just went with the version of things were everyone was allowed guns. You'd think if this wasn't the case, and it was only those trained and ordered by heads of state we'd have heard more about it and the US would look different.. but IDK.. Maybe I'm wrong. I do look forward to learning something if I am. Won't change how the laws currently work as those that can tell us what the laws are have already decided (right or wrong) and you'll need 2/3s of the states to agree to the change.
I also find it really interesting the fact that everyone seems to want to Canonize the people that wrote the original docs. I said before that it's very possible that the Second Amendment is something that is out of date and touch with modern day. What's odd is rather than look at that question, there insists upon this odd debate that those writers must have agreed with whatever side of the argument. These were the same people that held and kept slavery around, so I'm not sure whatever they thought at the time should be considered gospel. The quote from Jefferson directly says that only free people could have arms, but not slaves. Makes sense as you wouldn't want to arm those you wrongly bound, but it does point out that they weren't the infallible source of all wisdom. This doesn't really have much to do with if they meant for people to have guns, but I do find it very interesting.
In federalist 29, titled; concerning the militia
Research Guides: Federalist Papers: Primary Documents in American History: Federalist Nos. 21-30
The Federalist Papers were a series of essays written by Alexander Hamilton, James Madison, and John Jay under the pen name "Publius." This guide compiles Library of Congress digital materials, external websites, and a print bibliography.
THE power of regulating the militia, and of commanding its services in times of insurrection and invasion are natural incidents to the duties of superintending the common defense, and of watching over the internal peace of the Confederacy.
It requires no skill in the science of war to discern that uniformity in the organization and discipline of the militia would be attended with the most beneficial effects, whenever they were called into service for the public defense. It would enable them to discharge the duties of the camp and of the field with mutual intelligence and concert an advantage of peculiar moment in the operations of an army; and it would fit them much sooner to acquire the degree of proficiency in military functions which would be essential to their usefulness. This desirable uniformity can only be accomplished by confiding the regulation of the militia to the direction of the national authority. It is, therefore, with the most evident propriety, that the plan of the convention proposes to empower the Union "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."
He then later poses the question:
What reasonable cause of apprehension can be inferred from a power in the Union to prescribe regulations for the militia, and to command its services when necessary, while the particular States are to have the SOLE AND EXCLUSIVE APPOINTMENT OF THE OFFICERS?
A well regulated militia requires regulations and guess which documents gives the power to regulate militias to congress? That’s right the constitution. That same clause also states that it’s the state that gets to pick its officers and who trains their militias.
It makes zero sense that congress would get to set training and organizing requirements along with arming militias with no one to enforce such regulations, which is why they also gave the authority to pick who their militias comprised of to the states. If a militia was meant to be comprised of individual non professional soldiers then why would the constitution specifically give the states the right to pick their officers? If militias meant random organized citizens how exactly would they call on these militias to defend the country? There is no clause stating that militias had to be registered or counted so how would any of that work? It doesn’t.
As for your comment about citizens always being allowed to have guns, well that may be true but it’s not because the 2nd was interpreted to be an individual right. In fact, for over 150 years the 2nd was perceived as a collective right (the states), until heller that is.
This paper gives examples of terms used during that time period in other state constitutions.
You can also see the founding fathers intentions in the articles of the confederacy.
No vessel of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defense of such State, or its trade; nor shall any body of forces be kept up by any State in time of peace, except such number only, as in the judgement of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of filed pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
Take note of the bolded. It’s pretty hard to argue the 2nd is an individual right when they are to be stored in a central location.
