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?
Re: Shall not be infringed
Posted: Wed Jan 23, 2013 10:50 am
by AlfaBrewer
It's ironic that the gubmint (in my case the FDA) likes to remind us that "shall = must" when it suits their needs.
Re: Shall not be infringed
Posted: Wed Jan 23, 2013 11:13 am
by SewTexas
I like that BaldEagle...I may have to borrow that for fb, if you don't mind.
Re: Shall not be infringed
Posted: Wed Jan 23, 2013 11:17 am
by jmra
SewTexas wrote:I like that BaldEagle...I may have to borrow that for fb, if you don't mind.
Ditto
Re: Shall not be infringed
Posted: Wed Jan 23, 2013 11:20 am
by canvasbck
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!
Re: Shall not be infringed
Posted: Wed Jan 23, 2013 5:55 pm
by Dragonfighter
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, <SNIP>
Except for that pesky comma.
Re: Shall not be infringed
Posted: Wed Jan 23, 2013 7:26 pm
by newTexan
Dragonfighter wrote:
Except for that pesky comma.
Since when do the rules of English, logic, data, reason, or historical intent matter in the debate over "reasonable gun control"?
THINK OF THE CHILDREN! Didn't you see those sage kids standing behind His Holiness on the platform as he signed sweeping reforms with his mighty pen? How can anything compare to that? I'm surprised we haven't all lined up to turn in our death machines...
Sorry, had a crappy day and my sarcasm meter is set to "11".
Re: Shall not be infringed
Posted: Wed Jan 23, 2013 10:10 pm
by cheezit
find penn and teller on the 2nd. great video
Re: Shall not be infringed
Posted: Wed Jan 23, 2013 10:11 pm
by baldeagle
Anything I post on this forum may be used in any other public forum, including FB, Twitter, etc.,etc.
Re: Shall not be infringed
Posted: Wed Jan 23, 2013 10:12 pm
by baldeagle
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!
Thanks for that, canvasbck. Very good and useful information.
Re: Shall not be infringed
Posted: Wed Jan 23, 2013 10:15 pm
by suthdj
I love his video.
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Re: Shall not be infringed
Posted: Wed Jan 23, 2013 10:39 pm
by SewTexas
thank BaldEagle, I didn't want to use it without permission
In light of what canvasbck wrote, this site might be useful. http://www.guncite.com/index.html" onclick="window.open(this.href);return false;
Re: Shall not be infringed
Posted: Wed Jan 23, 2013 11:50 pm
by SF18C
Just to give a bit more perspective I challenge those here to read the following article and factor this piece of history into their collective 2A thinking!
And for those who fear that weapons confiscation or control is a looming issue, well...it isn't the first time in our nation's often tumultuous history and there are some things we should be aware of when considering joining the, "Give me that ol' tyme militia...give me that ol' tyme millitia...give me that ol' tyme militia...it's good enough for me!" bandwagon
The real reason the Second Amendment was ratified, and why it says "State" instead of "Country" (the Framers knew the difference - see the 10th Amendment)....