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Re: The 2ed Amendment as a Gun Nuts Wet Dream



The Lone Weasel wrote:

[EMAIL PROTECTED] (ulTRAX) wrote in message news:<[EMAIL PROTECTED]>...


It's rather curious that the Gun Nuts find a universal right to bear
arms in language that clearly doesn't intend one: "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."

If the First Congress intended a universal right all they had to do
was simply write "Congress shall make no law abridging the right to
bear arms." Now that would be a Gun Nut's wet dream. No more having to
rewrite history or force round pegs in square holes.
How about "People being necessary to the security of a free state, the
right of the people to keep and bear arms, shall not be infringed."


Or better yet: "A unorganized rabble, being necessary to the security
of a free state, the right of untrained people to keep and bear arms,
shall not be infringed."

Any others?


That's an elegant and devastating argument.  Another variation
available to Madison and the First Congress would have been language
similar to the Pennsylvania Constitution of 1776:

"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."

There was no debate of including such language in the militia
amendment to the U.S. Constitution.  Your example: "Congress shall
make no law abridging the right to bear arms" would have covered
militia and personal rkba; no "preamble" required.

I've never seen a credible rebuttal of this argument.


The Second Amendment's wording offers a much higher protection of the right of the people to keep and bear arms than does the First Amendment which merely states that "Congress shall make no law". The Second Amendment states that the right "shall not be infringed", which means not only shall no law be passed, the federal AND state government may not interfere in any way with the people's ownership of, possession of, and use of arms.

Pat Hines




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