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Return to “Shall not be infringed”
- Wed Jan 23, 2013 11:35 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Shall not be infringed
- Replies: 19
- Views: 2189
Re: Shall not be infringed
In light of what canvasbck wrote, this site might be useful. http://www.guncite.com/index.html" onclick="window.open(this.href);return false;
- Wed Jan 23, 2013 10:12 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Shall not be infringed
- Replies: 19
- Views: 2189
Re: Shall not be infringed
Thanks for that, canvasbck. Very good and useful information.canvasbck wrote:Since Sandy Hook, I have been doing alot of research on the history and background of the second amendment and how it came into being. Unfortunately, I did not do this before because I took the amendment as written and assumed that no further research was needed.
Due to my previously ignorant state, I could not accurately articulate what was meant by the framers when they said "A well regulated militia being necessary to the security of a free state". Antis will argue that the 2A only applies to a militia. Turns out that's right, the 2A does only apply to the militia, it does not apply to the military. When it was written, the militia was every able bodied person who was capable of bearing arms. Both the federalists and antifederalists agreed that if the government had the power to raise a standing army then it was critical for the people to serve as a militia to avoid oppressive rule by a military state, they recognized that for the militia (which was every citizen) to be effective, they had to be well armed. Hence the phrase; "A well armed militia being necessary to the security of a free state". Several states made it clear when they ratified the constitution that the militia was essential and that the militia consisted of all able bodied citizens.
We always emphasize the second part of the 2A during debates, but once you understand what was meant by the first part it is just as important in explaining the intent of the second amendment.
Amazing what I can learn when I actually read!
- Wed Jan 23, 2013 10:11 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Shall not be infringed
- Replies: 19
- Views: 2189
Re: Shall not be infringed
Anything I post on this forum may be used in any other public forum, including FB, Twitter, etc.,etc.
- Wed Jan 23, 2013 8:55 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Shall not be infringed
- Replies: 19
- Views: 2189
Shall not be infringed
Some things to think about.
Legal definition of shall: When used in statutes, contracts, or the like, the word "shall" is generally imperative or mandatory
Legal definition of infringe: Infringe means to violate; exceed the limits of. It means to encroach upon the law or rights of another
Why do you suppose that the 2nd Amendment is the only amendment in the bill of rights that makes it mandatory that the government not encroach upon the rights of the individual?
Legal definition of shall: When used in statutes, contracts, or the like, the word "shall" is generally imperative or mandatory
Legal definition of infringe: Infringe means to violate; exceed the limits of. It means to encroach upon the law or rights of another
Why do you suppose that the 2nd Amendment is the only amendment in the bill of rights that makes it mandatory that the government not encroach upon the rights of the individual?