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View Diary: The Second Amendment was Ratified to Preserve Slavery (294 comments)

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  •  Then why is the below in Article I Sec. 8? (1+ / 0-)
    Recommended by:
    MarkC
    To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

    To provide and maintain a Navy;

    To make Rules for the Government and Regulation of the land and naval Forces;

    •  Where's the contradiction? The Constitution (2+ / 0-)
      Recommended by:
      FrankRose, gerrilea

      assumed the existence of militias, defined by Webster in the period as the body of male citizens capable of bearing arms, as the primary means of national and local defense, as well as law enforcement (with the tradition of "hue and cry"), and empowered Congress to raise armies when that was insufficient, but limited the timespan of the appropriations in a hope (vain, it turns out) to prevent large standing armies.

      gerrilea is pointing out that from its inception, the 2nd was intended to preserve an individual right to bear arms, as shown by the explicit focus of the removed clause on the individual. And like protecting the right to keep and bear, said clause was intended to protect people's right to choose not to if religiously scrupulous - in parallel to the "establishment" vs "free exercise" construction as regards religious liberty.

      Congressman Gerry's objection, while seemingly out of nowhere - the idea that a clause allowing the religiously scrupulous to decline to bear arms could be twisted into a prohibition against those declared such by the government from doing so - again speaks to the primary concern in the debates - whether individuals would have the right guaranteed by the state, and how to avoid loopholes that would permit the government to deprive that individual right.

      Non enim propter gloriam, diuicias aut honores pugnamus set propter libertatem solummodo quam Nemo bonus nisi simul cum vita amittit. -Declaration of Arbroath

      by Robobagpiper on Wed Jan 16, 2013 at 05:24:01 AM PST

      [ Parent ]

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