Original Intent and Purpose of the Second Amendment
Sept 2, 2013 9:00:46 GMT -5
Post by avordvet on Sept 2, 2013 9:00:46 GMT -5
Original Intent and Purpose of the Second Amendment
Introduction
The Second Amendment:
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.
The original intent and purpose of the Second Amendment was to preserve and guarantee, not grant, the pre-existing right of individuals to keep and bear arms. Although the amendment emphasizes the need for a militia, membership in any militia, let alone a well-regulated one, was not intended to serve as a prerequisite for exercising the right to keep arms.
The Second Amendment preserves and guarantees an individual right for a collective purpose. That does not transform the right into a "collective right." The militia clause was a declaration of purpose, and preserving the people's right to keep and bear arms was the method the framers chose to, in-part, ensure the continuation of a well-regulated militia.
There is no contrary evidence from the writings of the Founding Fathers, early American legal commentators, or pre-twentieth century Supreme Court decisions, indicating that the Second Amendment was intended to apply solely to active militia members.
guncite.com/gc2ndpur.html
The Original Intent of the Second Amendment
There is a constitutional right to keep and bear arms. There are very few topics as open-and-shut as the meaning of the Second Amendment.
Literally all evidence from the founding fathers shows that there was a consensus as to what the original intent and the original meaning of the Second Amendment was. The Second Amendment was written to keep the power in the hands of the people.
Its intent was to ensure that every person was able to take up arms and join other people to fight off tyrants, invaders, or unjustified insurrections. Its meaning was that the government couldn’t infringe on the right of the people to keep and bear arms — no gun bans or restrictions on the people at large.
www.capitalisminstitute.org/second-amendment/
Original Intent of the Second Amendment
Clayton E. Cramer
Judge Coffey's recent article, "The 'Right' to Bear Arms?" is one of those reminders of why the legal profession can't be trusted with history. Rather than pick apart every component of his position, let me settle for demonstrating the falsity of the heart of his argument: original intent of the Second Amendment.
The Bill of Rights was adopted in response to the concerns of Antifederalists about the powers of the proposed central government. Throughout the thirteen states that eventually ratified the Constitution, these concerns were voiced in official requests for a Bill of Rights, and by Antifederalists in the ratifying conventions, newspapers, and pamphlets. The language of the various state requests for a right to bear arms make it clear that this was to be an individual right.
New Hampshire's convention requested the following addition to the Constitution: "Congress shall never disarm any Citizen unless such as are or have been in Actual Rebellion."
www.rightsofthepeople.com/guns/gun_facts/original_intent_2nd_amendment.php
The Second Amendment: The Framers' Intentions
by Daniel J. Schultz
The Second Amendment to the United States Constitution states: "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." The reference to a "well regulated" militia, probably conjures up a connotation at odds with the meaning intended by the Framers. In today's English, the term "well regulated" probably implies heavy and intense government regulation. However, that conclusion is erroneous.
The words "well regulated" had a far different meaning at the time the Second Amendment was drafted. In the context of the Constitution's provisions for Congressional power over certain aspects of the militia, and in the context of the Framers' definition of "militia," government regulation was not the intended meaning. Rather, the term meant only what it says, that the necessary militia be well regulated, but not by the national government.
www.lectlaw.com/files/gun01.htm
Introduction
The Second Amendment:
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.
The original intent and purpose of the Second Amendment was to preserve and guarantee, not grant, the pre-existing right of individuals to keep and bear arms. Although the amendment emphasizes the need for a militia, membership in any militia, let alone a well-regulated one, was not intended to serve as a prerequisite for exercising the right to keep arms.
The Second Amendment preserves and guarantees an individual right for a collective purpose. That does not transform the right into a "collective right." The militia clause was a declaration of purpose, and preserving the people's right to keep and bear arms was the method the framers chose to, in-part, ensure the continuation of a well-regulated militia.
There is no contrary evidence from the writings of the Founding Fathers, early American legal commentators, or pre-twentieth century Supreme Court decisions, indicating that the Second Amendment was intended to apply solely to active militia members.
guncite.com/gc2ndpur.html
The Original Intent of the Second Amendment
There is a constitutional right to keep and bear arms. There are very few topics as open-and-shut as the meaning of the Second Amendment.
Literally all evidence from the founding fathers shows that there was a consensus as to what the original intent and the original meaning of the Second Amendment was. The Second Amendment was written to keep the power in the hands of the people.
Its intent was to ensure that every person was able to take up arms and join other people to fight off tyrants, invaders, or unjustified insurrections. Its meaning was that the government couldn’t infringe on the right of the people to keep and bear arms — no gun bans or restrictions on the people at large.
www.capitalisminstitute.org/second-amendment/
Original Intent of the Second Amendment
Clayton E. Cramer
Judge Coffey's recent article, "The 'Right' to Bear Arms?" is one of those reminders of why the legal profession can't be trusted with history. Rather than pick apart every component of his position, let me settle for demonstrating the falsity of the heart of his argument: original intent of the Second Amendment.
The Bill of Rights was adopted in response to the concerns of Antifederalists about the powers of the proposed central government. Throughout the thirteen states that eventually ratified the Constitution, these concerns were voiced in official requests for a Bill of Rights, and by Antifederalists in the ratifying conventions, newspapers, and pamphlets. The language of the various state requests for a right to bear arms make it clear that this was to be an individual right.
New Hampshire's convention requested the following addition to the Constitution: "Congress shall never disarm any Citizen unless such as are or have been in Actual Rebellion."
www.rightsofthepeople.com/guns/gun_facts/original_intent_2nd_amendment.php
The Second Amendment: The Framers' Intentions
by Daniel J. Schultz
The Second Amendment to the United States Constitution states: "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." The reference to a "well regulated" militia, probably conjures up a connotation at odds with the meaning intended by the Framers. In today's English, the term "well regulated" probably implies heavy and intense government regulation. However, that conclusion is erroneous.
The words "well regulated" had a far different meaning at the time the Second Amendment was drafted. In the context of the Constitution's provisions for Congressional power over certain aspects of the militia, and in the context of the Framers' definition of "militia," government regulation was not the intended meaning. Rather, the term meant only what it says, that the necessary militia be well regulated, but not by the national government.
www.lectlaw.com/files/gun01.htm