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.The Second Amendment (Amendment II) to the United States Constitution is the part of the United States Bill of Rights that protects a right to keep and bear arms.^ Few parts of the Bill of Rights have as many state analogues as does the Second Amendment.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ The Second Amendment protects "the right of the people to keep and bear arms," and the Ninth and Tenth Amendments provide that certain rights and powers are retained by and reserved to "the people."
  • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

^ What, then, is he protected in the right to keep and thus use?
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

[1] .The Second Amendment was adopted on December 15, 1791, along with the rest of the Bill of Rights.^ Amendment 4 (Ratified December 15, 1791) .
  • Constitution of the United States 28 January 2010 0:49 UTC www.justfacts.com [Source type: Original source]

^ AMENDMENT TWENTY-SECOND (Adopted 1951) .
  • CGSA - Constitution of the United States 28 January 2010 0:49 UTC www.theroadtoemmaus.org [Source type: Original source]

^ The resulting first 10 Amendments, collectively referred to as the “Bill of Rights,” were ratified on December 15, 1791.
  • The 2nd Amendment and the States | Tenth Amendment Center 28 January 2010 0:49 UTC www.tenthamendmentcenter.com [Source type: Original source]

.The American Bar Association has noted that there is more disagreement and less understanding about this right than of any other current issue regarding the Constitution.^ More than 40 languages there.
  • Sovereignty Resolutions: A Message to the UNITED STATES | Tenth Amendment Center Blog 28 January 2010 0:49 UTC blog.tenthamendmentcenter.com [Source type: Original source]

^ Think about it in the context of every other constitutional right.
  • Victory in The United States Supreme Court! 28 January 2010 0:49 UTC www.buckeyefirearms.org [Source type: Original source]

^ But McCarthy says he's got a good reason for reversing the American system of protecting rights: Between our security and the supposed unfairness of the detainees continued detention, there is no doubt about which must take precedence.
  • Neo-Con War on the Constitution; Reviewing National Review's Andrew McCarthy - Liberty Forest 28 January 2010 0:49 UTC www.ronpaulforums.com [Source type: Original source]

[2]
.Saul Cornell has claimed that for almost a century after the ratification of the Bill of Rights, the intended meaning and application of the Second Amendment drew less interest than in modern times.^ First and Second Amendment rights.
  • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

^ The Court remanded to the case because it had concluded that: In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument.

^ The current battle over the Second Amendment -- giving citizens the right to bear arms -- is put in context of the world of the late 18th century in which the amendment was written.
  • Amazon.com: Customer Reviews: The United States Constitution: A Graphic Adaptation 28 January 2010 0:49 UTC www.amazon.com [Source type: General]

[3]
Notable U.S. Supreme Court interpretations of the Second Amendment include those in United States v. Cruikshank (1875), Presser v. Illinois (1886), Miller v. Texas (1894), Robertson v. Baldwin (1897), United States v. Miller (1939) and District of Columbia v. Heller (2008).

Contents

Text

.There are several versions of the text of the Second Amendment, each with slight capitalization and punctuation differences, found in the official documents surrounding the adoption of the Bill of Rights.^ We should not expect any different for the Second Amendment.
  • Victory in The United States Supreme Court! 28 January 2010 0:49 UTC www.buckeyefirearms.org [Source type: Original source]

^ First and Second Amendment rights.
  • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

^ Saul Cornell and other scholars who have concluded for years that the Second Amendment is merely a collective right are 100% dead wrong on the body of their life’s work.
  • Victory in The United States Supreme Court! 28 January 2010 0:49 UTC www.buckeyefirearms.org [Source type: Original source]

[4] One such version was passed by the Congress, which reads:[5]
.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 arms right provision in both states reads: "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 Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ Indiana : "The people shall have a right to bear arms, for the defense of themselves and the State."
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Rhode Island:   The right of the people to keep and bear arms shall not be infringed (1842).
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

Another version is found in the copies distributed to the states, and then ratified by them, which had this capitalization and punctuation:[6]
.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 arms right provision in both states reads: "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 Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ Rhode Island:   The right of the people to keep and bear arms shall not be infringed (1842).
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

^ "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."
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

.The original hand-written copy of the Bill of Rights, approved by the House and Senate, was prepared by scribe William Lambert and resides in the National Archives.^ On September 25, 1789, the completed Bill of Rights was written to parchment by a House scribe.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ As numerous legal historians have now documented , the text, original meaning, and history of that clause all point in one direction: It was designed to nationalize the Bill of Rights and other substantive rights.
  • The Second Amendment and the States - Reason Magazine 28 January 2010 0:49 UTC reason.com [Source type: Original source]

^ If after such Reconsideration two thirds of that house shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law.
  • The Project Gutenberg eBook of "The United States' Constitution", by Founding Fathers. 28 January 2010 0:49 UTC www.gutenberg.org [Source type: Original source]

Background

English history and common law

.The concept of a universal militia originated in England.^ The concept of self-government did not originate with the Americans; indeed, a measure of self-government existed in England at the time.
  • United States Government - The Constitution 28 January 2010 0:49 UTC countrystudies.us [Source type: Original source]

[7][8][9] .The requirement that subjects keep and bear arms for military duty[10][11][12][13] dates back to at least the 12th century when King Henry II, in the Assize of Arms, obligated all freemen to bear arms for public defense.^ AMENDMENT II Right to bear arms.
  • CONSTITUTION OF THE UNITED STATES 28 January 2010 0:49 UTC www.endtimesreport.com [Source type: Original source]

^ Amendment II · Right to keep and bear arms .
  • We the People; US Constitution 28 January 2010 0:49 UTC www.leftjustified.com [Source type: Original source]

^ AMENDMENT II. Right to keep and bear arms.
  • Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]

.King Henry III required certain subjects between the ages of fifteen and fifty (including non-land-owning subjects) to bear arms.^ [Citing further sources, e.g., the Virginia Act of October 1785 providing for a Militia of "all free male persons between the ages of eighteen and fifty years," with certain exceptions.
  • Testimony of Eugene Volokh on the Second Amendment, SenateSubcommittee on the Constitution, Sept. 23, 1998. 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

^ These were the same rights generally recited in the Civil Rights Bill and explicitly expounded both by Blackstone and the Freedmen's Bureau Bill as including the right to bear arms.
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ This is a clear indication that the rights to be protected included the right to keep and bear arms.
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

.The reason for such a requirement was that without a regular army and police force (which was not established until 1829), it was the duty of certain men to keep watch and ward at night to capture and confront suspicious persons.^ However, eliminating the mens rea requirement is such a fundamental departure from longstanding principles of criminal law that courts have demanded an indication of legislative intent to do so.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ Men, acting under pretense, bring these gods alive to control WE THE PEOPLE. These men then are the true gods who by force of arms if necessary, keep WE THE PEOPLE in subjection to that which is false!
  • The Constitution of the United States: A man inspireddocument! 28 January 2010 0:49 UTC www.iahushua.com [Source type: Original source]

^ "[A] government resting on a minority is an aristocracy, not a Republic, and could not be safe with a numerical and physical force against it, without a standing army, an enslaved press, and a disarmed populace."
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

Every subject had an obligation to protect the king’s peace and assist in the suppression of riots.[14]
.In response to complaints that local people were reluctant to take up arms to enforce justice for strangers, The Statute of Winchester of 1285 (13 Edw.^ A militia in its most generic sense is simply a body of people taking up arms for the common defense.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Such are a well regulated militia, composed of the freeholders, citizen and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ In 1994, the people of Alaska added additional protection to their arms right by specifically labeling the right "individual," by specifically prohibiting local governments from restricting the right, and by changing "infringed" to "denied or infringed."
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

I) declared that each district or hundred would be held responsible for unsolved crimes. .Each man was to keep arms to take part in the hue and cry when necessary.^ The arms right provision in both states reads: "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 Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ "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."
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

^ 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.
  • CGSA - Constitution of the United States 28 January 2010 0:49 UTC www.theroadtoemmaus.org [Source type: Original source]

[15]
Following the Protestant overthrow of the Catholic King James II, the Protestant controlled Parliament obliged the newly installed Protestant monarchs William and Mary to enact the English Bill of Rights of 1689 which granted Protestants a series of liberties including the right to arms for self defense: "That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law."[16] For instance, in 1780 after some riots, the recorder of London - the city attorney - was asked if the right to arms protected armed groups, he wrote: "The right of his majesty's Protestant subjects, to have arms for their own defense, and to use them for lawful purposes, is most clear and undeniable."[17] .At least one historian describes this as the first instance when the customary duty to bear arms transitioned into a right.^ Thus, one can bear arms "in defense.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ The amendment on the right to bear arms read: .
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ From PA came the right to bear arms.
  • Of Arms and the Law: Second Amendment wording Archives 28 January 2010 0:49 UTC armsandthelaw.com [Source type: Original source]

[18][19] .Other historians describe this as an example of the traditional restricting of weapons access for one class of people over another, in this case the Protestant victors over the vanquished Catholics.^ It also receives one other favorable review by another reader.
  • Book Guide to The Constitution of the United States 28 January 2010 0:49 UTC tcnbp.tripod.com [Source type: Original source]

^ When one group of people can force their will on others who disagree with them, freedom is gone.
  • Republican Leader John Boehner | Sen. Reid’s Government-Run Health Plan STILL Requires a Monthly Abortion Fee 28 January 2010 0:49 UTC republicanleader.house.gov [Source type: Original source]

^ When people beat one another to death with their fists should we then chop off their hands for said offense.
  • Second And Fourth Amendment Wins | The Barr Code 28 January 2010 0:49 UTC blogs.ajc.com [Source type: General]

[19][20] .Additionally, this reflected the popular dread of a standing army and the preference instead for a select militia.^ Second, it renders large standing armies unnecessary—an argument that Alexander Hamilton made in favor of federal control over the militia.

^ During the Virginia ratification convention, he objected to the Constitution's inclusion of clauses specifically authorizing a standing army and giving the federal government control of the militia.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ But it would be erroneous to conclude that the right to arms only includes people who are in a militia which might fight a standing army.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

.These values would have a long life both in England and America.^ Both of these arguments would make any sensible person go “HUH???” .
  • Think Progress » Webb Slams McCain’s Opposition To His Pro-Troop Amendment: He ‘Needs To Read The Constitution’ 28 January 2010 0:49 UTC thinkprogress.org [Source type: General]

[19]
Sir William Blackstone's Commentaries on the Laws of England describes the right to arms in England during the eighteenth century:
.
The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law.^ "The people shall have the right to bear arms in defence of themselves and of the lawful authority of the State."
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ The Bill of Rights provided that "the subjects which are Protestant may have arms for their defense suitable to their conditions and as allowed by law."
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ [Annotation to Blackstone's discussion of the right to have arms as the fifth and last auxiliary right:]               The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence [fn40] suitable to their condition and degree, and such as are allowed by law.
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

.Which is also declared by the same statute I W. & M. st.2. c.2. and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.^ Blackstone included among these rights "that of having arms for their defence suitable to their condition and degree, and such as are allowed by law," that made possible "the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression."
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ These rights have been justly considered, and frequently declared, by the people of this country to be natural, inherent, and inalienable."
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ Certain pollsters who support repressive gun laws claim to have found increased public support for such laws.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

[21]
.The right of some English subjects to possess arms was recognized under English common law; however many English subjects were not permitted by law to possess arms.^ Equal Rights Under the Law, 486 .
  • CourseSmart - 0132410001 - Government by the People, National Version, Twenty Second Edition 28 January 2010 0:49 UTC www.coursesmart.com [Source type: Original source]

^ The framers recognized a right "of the people" to arms.
  • Of Arms and the Law: Second Amendment wording Archives 28 January 2010 0:49 UTC armsandthelaw.com [Source type: Original source]

^ In addition, apparently recognizing that it decided the case on unnecessarily broad grounds, the court noted that, at common law, while there was a right to bear arms, that right was not absolute and could be restricted for certain classes of persons "who have previously...been shown to be aggressors against society."
  • The Second Amendment in Court 28 January 2010 0:49 UTC polyticks.com [Source type: Original source]

[18] Regarding these constraints, St. George Tucker wrote in 1803:
.
In England, the people have been disarmed, generally, under the specious pretext of preserving the game: a never failing lure to bring over the landed aristocracy to support any measure, under that mask, though calculated for very different purposes.^ In England, the people have been disarmed, generally, under the specious pretext of preserving the game: a never failing lure to bring over the landed aristocracy to support any measure, under that mask, though calculated for very different purposes.  True it is, their bill of rights seems at first view to counteract this policy: but the right of bearing arms is confined to protestants, and the words suitable to their condition and degree, have been interpreted to authorise the prohibition of keeping a gun or other engine for the destruction of game, to any farmer, or inferior tradesman, or other person not qualified to kill game.  So that not one man in five hundred can keep a gun in his house without being subject to a penalty.  [Editorial note:  I understand that this last sentence is considered by some historians to be an exaggeration.
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

^ But criticism of a constitutional provision on the basis that it grants people rights that one does not like--though an approach also possessed of a long, if not distinguished, history--is not very persuasive.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ Men, acting under pretense, bring these gods alive to control WE THE PEOPLE. These men then are the true gods who by force of arms if necessary, keep WE THE PEOPLE in subjection to that which is false!
  • The Constitution of the United States: A man inspireddocument! 28 January 2010 0:49 UTC www.iahushua.com [Source type: Original source]

.True it is, their bill of rights seems at first view to counteract this policy: but the right of bearing arms is confined to protestants, and the words suitable to their condition and degree, have been interpreted to authorise the prohibition of keeping a gun or other engine for the destruction of game, to any farmer, or inferior tradesman, or other person not qualified to kill game.^ AMENDMENT II Right to bear arms.
  • CONSTITUTION OF THE UNITED STATES 28 January 2010 0:49 UTC www.endtimesreport.com [Source type: Original source]

^ Presser V. Illinois was not a ruling on the individual right to keep and bear arms.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ This is a clear indication that the rights to be protected included the right to keep and bear arms.
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

.So that not one man in five hundred can keep a gun in his house without being subject to a penalty.^ One man with a gun can control 100 without one.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ In England, the people have been disarmed, generally, under the specious pretext of preserving the game: a never failing lure to bring over the landed aristocracy to support any measure, under that mask, though calculated for very different purposes.  True it is, their bill of rights seems at first view to counteract this policy: but the right of bearing arms is confined to protestants, and the words suitable to their condition and degree, have been interpreted to authorise the prohibition of keeping a gun or other engine for the destruction of game, to any farmer, or inferior tradesman, or other person not qualified to kill game.  So that not one man in five hundred can keep a gun in his house without being subject to a penalty.  [Editorial note:  I understand that this last sentence is considered by some historians to be an exaggeration.
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

^ Israel’s citizens wouldn’t think of leaving the house without one and you see many citizen guards standing on streets with uzi’s.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[22]

Experience in America prior to the U.S. Constitution

In no particular order, early American settlers viewed the right to arms and/or the right to bear arms and state militias as important for one or more of these purposes:[23][24][25][26][27][28][29][30][31][32]
  • deterring undemocratic government;
  • repelling invasion;
  • suppressing insurrection;
  • facilitating a natural right of self-defense;
  • participating in law enforcement;
  • slave control in slave states.
.Which of these considerations they thought were most important, which of these considerations they were most alarmed about, and the extent to which each of these considerations ultimately found expression in the Second Amendment is disputed.^ Thoughts on the wording of the Second Amendment .
  • Of Arms and the Law: Second Amendment wording Archives 28 January 2010 0:49 UTC armsandthelaw.com [Source type: Original source]

^ The Obama campaign has been very slippery with the facts about Obama’s past views on gun control and the Second Amendment.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ This dispute would ultimately lead to the Civil War and the Civil War Amendments that would fundamentally alter this balance.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

.
Ideals that helped to inspire the Second Amendment in part are symbolized by the minutemen.
^ Few parts of the Bill of Rights have as many state analogues as does the Second Amendment.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Second Amendment With The Help Of Barack Obama Posted on October 8, 2008 by wasteofmyoxygen Obama worked for 5 years trying to stop Americans from having the right to bear arms.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Vermont, like Pennsylvania, contributed part of this language to the federal Second Amendment, evidencing the states interpretation that recognition of the peoples right to bear arms was a recognition of an individual right.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

[33]
.During the 1760s pre-revolutionary period, the established colonial militia was composed of colonists, which included a number who were loyal to British imperial rule.^ During the American Revolution a large number of British loyalists known as Tories had fled the country, settling mostly in eastern Canada.
  • United States Government - The Constitution 28 January 2010 0:49 UTC countrystudies.us [Source type: Original source]

^ A foundation of American political thought during the Revolutionary period was the well justified concern about political corruption and governmental tyranny.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ Such are a well regulated militia, composed of the freeholders, citizen and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

.As defiance and opposition to the British rule developed, a distrust of these Loyalists in the militia became widespread among the colonists, known as Patriots, who favored independence from British rule.^ To compound their problems, these newly independent states, having separated violently from England, no longer received favored treatment at British ports.
  • United States Government - The Constitution 28 January 2010 0:49 UTC countrystudies.us [Source type: Original source]

^ The Supreme Court has avoided taking any cases that would require it to rule on the right to keep and bear arms or assemble as an independent militia.
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ Fifteen owned slaves.3 Do not confuse these men with those who signed the Declaration of Independence.
  • The Constitution of the United States: A man inspireddocument! 28 January 2010 0:49 UTC www.iahushua.com [Source type: Original source]

.As a result, these Patriots established independent colonial legislatures to create their own militias which excluded the Loyalists and then sought out to stock up independent armories for their militias.^ Fifteen owned slaves.3 Do not confuse these men with those who signed the Declaration of Independence.
  • The Constitution of the United States: A man inspireddocument! 28 January 2010 0:49 UTC www.iahushua.com [Source type: Original source]

^ A year before, war had broken out between the colonies and Britain, a war for independence that lasted for six bitter years.
  • United States Government - The Constitution 28 January 2010 0:49 UTC countrystudies.us [Source type: Original source]

^ And Congress KNOWS it– which is why they laugh at these "10th Amendment" movements, just like the "militia" movements who write their own passports..
  • Sovereignty Resolutions: A Message to the UNITED STATES | Tenth Amendment Center Blog 28 January 2010 0:49 UTC blog.tenthamendmentcenter.com [Source type: Original source]

.In response to this arms build up, the British Parliament established an embargo on firearms, parts and ammunition on the American colonies.^ For the better part of the last 15 months, firearms, ammunition, and "large" ammunition magazines have been sold in what appear to be record quantities.
  • Harrolds.blogspot.com: 2nd Amendment - FBI Reports Huge Decrease In Murders As Firearm, Ammunition And "Large" Magazine Sales Soar 28 January 2010 0:49 UTC harrolds.blogspot.com [Source type: FILTERED WITH BAYES]

^ This decision affirms that our Second Amendment right is an individual right and that firearms will continue to be a part of the American culture.
  • Victory in The United States Supreme Court! 28 January 2010 0:49 UTC www.buckeyefirearms.org [Source type: Original source]

^ The language also included a prohibition on the destruction of small arms ammunition and components, passed in response to the short-lived concern over destruction of spent brass casings earlier this year.
  • Harrolds.blogspot.com: 2nd Amendment - FBI Reports Huge Decrease In Murders As Firearm, Ammunition And "Large" Magazine Sales Soar 28 January 2010 0:49 UTC harrolds.blogspot.com [Source type: FILTERED WITH BAYES]

[34]
.British and Loyalist efforts to disarm the colonial Patriot militia armories in the early phases of the American Revolution resulted in the Patriot colonists protesting by citing the Declaration of Rights, Blackstone's summary of the Declaration of Rights, their own militia laws and common law rights to self-defense.^ That’s self-defense right there.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ The British efforts to disarm the colonists hardened American resistance.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ Congress have no right to disarm the militia.
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

[35] .While British policy in the early phases of the Revolution clearly aimed to prevent coordinated action by the Patriot militia, some have argued that there is no evidence that the British sought to restrict the traditional common law right of self-defense.^ There is no specification of any particular right.
  • US V.Cruikshank,92 US542(1875)92 Us542 28 January 2010 0:49 UTC www.myplick.com [Source type: Original source]

^ There is no need for additional laws restricting the rights of those who obey the law.

^ That’s self-defense right there.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[35]
The right of the colonists to arms and rebellion against oppression was asserted, for example, in a pre-revolutionary newspaper editorial in 1769 Boston objecting to the British army suppression of colonial opposition to the Townshend Acts:
.
Instances of the licentious and outrageous behavior of the military conservators of the peace still multiply upon us, some of which are of such nature, and have been carried to such lengths, as must serve fully to evince that a late vote of this town, calling upon its inhabitants to provide themselves with arms for their defense, was a measure as prudent as it was legal: such violences are always to be apprehended from military troops, when quartered in the body of a populous city; but more especially so, when they are led to believe that they are become necessary to awe a spirit of rebellion, injuriously said to be existing therein.^ FOR quartering large Bodies of Armed Troops among us: .
  • FCIC: Constitution of the United States and the Declaration of Independence 28 January 2010 0:49 UTC www.pueblo.gsa.gov [Source type: Original source]

^ Fearing the importance of the military and “outrages” over the conditions at the Bastille – where only seven prisoners were held – they became the symbol of authority run amok.
  • Right Truth: The Basis for a Strong Nation - Defending the United States Constitution 28 January 2010 0:49 UTC righttruth.typepad.com [Source type: General]

^ Protected not only by their own concealed weapons (carried legally as "conservators of the peace" in Illinois), their 24/7 armed details, but by immunity from lawsuits when citizens wind up victimized by their actions which only serve to disarm the law abiding citizen, and managed to have “at best, a limited impact” against criminals.

It is a natural right which the people have reserved to themselves, confirmed by the Bill of Rights, to keep arms for their own defence; and as Mr. Blackstone observes, it is to be made use of when the sanctions of society and law are found insufficient to restrain the violence of oppression.[35]
.The armed forces that won the American Revolution consisted of the standing Continental Army created by the Continental Congress, together with various state and regional militia units.^ Each States stands United with the next!
  • Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment 28 January 2010 0:49 UTC www.infowars.com [Source type: Original source]

^ 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 Constitution of the United States 28 January 2010 0:49 UTC www.worldquest.com [Source type: Original source]
  • Constitution of the United States 28 January 2010 0:49 UTC www.nhinet.org [Source type: Original source]
  • Second Amendment - The Right to Bear Arms - Lawyers.com 28 January 2010 0:49 UTC research.lawyers.com [Source type: News]

^ Clause 16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; .
  • Terrella Media, Inc. » The United States Constitution 28 January 2010 0:49 UTC www.terrella.com [Source type: Original source]

.In opposition, the British forces consisted of a mixture of the standing British Army, Loyalist Militia and Hessian mercenaries.^ Second, it renders large standing armies unnecessary—an argument that Alexander Hamilton made in favor of federal control over the militia.

^ One involved deep suspicion about specific provisions, particularly those allowing a standing army and providing for federal supervision of the militia.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ We beat back the British Army which was the “overwhelming force” of the time by being a self armed militia ourselves, using similar guerilla tactics.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

.Following the Revolution, the United States was governed by the Articles of Confederation.^ National defense is simply an excuse to maintain a huge Army abroad, to enforce the imperialism of the United States government.
  • Sovereignty Resolutions: A Message to the UNITED STATES | Tenth Amendment Center Blog 28 January 2010 0:49 UTC blog.tenthamendmentcenter.com [Source type: Original source]

^ Article XVII. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.
  • Terrella Media, Inc. » The United States Constitution 28 January 2010 0:49 UTC www.terrella.com [Source type: Original source]

^ Encyclopedia.com articles about Constitution of the United States .
  • Constitution of the United States Facts, information, pictures | Encyclopedia.com articles about Constitution of the United States 28 January 2010 0:49 UTC www.encyclopedia.com [Source type: Original source]

.An unworkable division of power between Congress and the states caused military weakness, and the standing army was reduced to as few as 80 men.^ All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
  • THE UNITED STATES CONSTITUTION - We the People 28 January 2010 0:49 UTC constitutionus.com [Source type: Original source]
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]
  • The United States Constitution - The U.S. Constitution Online - USConstitution.net 28 January 2010 0:49 UTC www.padawanlawyer.com [Source type: Original source]
  • U.S. Constitution and Amendments thereto 28 January 2010 0:49 UTC www.omnifarious.org [Source type: Original source]
  • Terrella Media, Inc. » The United States Constitution 28 January 2010 0:49 UTC www.terrella.com [Source type: Original source]
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
  • The United States Constitution | The Smoking Argus Daily | Investigating the Underbelly of Politics and Government 28 January 2010 0:49 UTC smargus.com [Source type: Original source]
  • Constitution of the united States 28 January 2010 0:49 UTC www.veindoctorny.com [Source type: Original source]
  • FCIC: Constitution of the United States and the Declaration of Independence 28 January 2010 0:49 UTC www.pueblo.gsa.gov [Source type: Original source]
  • The Constitution of the United States, Annotated 28 January 2010 0:49 UTC www.america.gov [Source type: Original source]
  • http://www.worldalmanacforkids.com/WAKI-ViewArticle.aspx?pin=x-co205400a&article_id=682&chapter_id=15&chapter_title=United_States&article_title=U.S._Constitution 28 January 2010 0:49 UTC www.worldalmanacforkids.com [Source type: Original source]
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 28 January 2010 0:49 UTC infousa.state.gov [Source type: Original source]
  • CONSTITUTION OF THE UNITED STATES, 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
  • College Libertarians of Towson - Constitution of the United States of America 28 January 2010 0:49 UTC www.towson.edu [Source type: Original source]
  • Constitution of the United States, 28 January 2010 0:49 UTC sangre-de-cristo.com [Source type: Original source]
  • U.S. Constitution 28 January 2010 0:49 UTC www.tyranttamer.com [Source type: Original source]
  • The CONSTITUTION OF THE USA and AMENDMENTS -- Read & Know | The Hive 28 January 2010 0:49 UTC thehive.modbee.com [Source type: Original source]
  • CONSTITUTION OF THE UNITED STATES 28 January 2010 0:49 UTC www.endtimesreport.com [Source type: Original source]
  • The Constitution of the United States - The Petition Site 28 January 2010 0:49 UTC www.thepetitionsite.com [Source type: Original source]
  • The United States Constitution 28 January 2010 0:49 UTC www.consource.org [Source type: Original source]

^ Some states requested that Congress be prohibited from keeping a standing army in peacetime, except with 2/3 vote of both houses.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The proper balance in the federal system between the powers of the national government and the powers of the states determines the nature of the federal system.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

[36] .There was no effective federal military response to an armed uprising in western Massachusetts known as Shays' Rebellion.^ The most important check on uncontrolled government (otherwise known as tyranny) was considered to be a populace armed with the current modern military weaponry.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The Connecticut, Massachusetts and Rhode Island angry lawmakers convened at a meeting due to an economic loss and no seacoast protection by the United States Federal Government.
  • 87.03.08: The United States Constitution and Selected Amendments 28 January 2010 0:49 UTC www.yale.edu [Source type: FILTERED WITH BAYES]

^ If the majority was only filling the Federal Reporter with page after page of non-binding dicta there would be no need for me to write separately.
  • United States v. Timothy Emerson, Potowmack Institute, amicus curiae, Second Amendment 28 January 2010 0:49 UTC www.potowmack.org [Source type: Original source]

[37] .Subsequently, the Philadelphia Convention proposed in 1787 to grant Congress exclusive power to raise and support a standing army and navy of unlimited size.^ Congress called for the convention to be held in Philadelphia, Pennsylvania in May, 1787.
  • The Constitution of the United States 28 January 2010 0:49 UTC www.worldquest.com [Source type: Original source]

^ He played a leading role in the Constitutional Convention of 1787, where he helped design the checks and balances that operate among Congress, the president, and the Supreme Court.
  • Constitution of the United States 28 January 2010 0:49 UTC www.justfacts.com [Source type: Original source]

^ State legislatures to propose constitutional amendments that are broadly supported across the land—everywhere in fact except in the Congress of the United States.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

[38][39] .Anti-federalists objected to the shift of power from the states to the federal government, but as adoption of the Constitution became more and more likely, they shifted their strategy to establishing a bill of rights that would put some limits on federal power.^ It renders states little more than subdivisions of the federal government.
  • SHOCKING, DEVIOUS, AND EVIL Part I « We the People of the United States 28 January 2010 0:49 UTC wtpotus.wordpress.com [Source type: Original source]

^ Put simply, if only the Federal government is bound by the Constitution, then states and cities can do as they please, regardless.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ State Officers of the bill of rights."
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

[40][41]
Modern scholars Thomas B. McAffee and Michael J. Quinlan have stated that James Madison "did not invent the right to keep and bear arms when he drafted the Second Amendment; the right was pre-existing at both common law and in the early state constitutions."[42] In contrast, historian Jack Rakove suggests that Madison's intention in framing the Second Amendment was to provide assurances to moderate Anti-Federalists that the militias would not be disarmed.[43]
.One aspect of the gun control debate is the conflict between gun control laws and the alleged right to rebel against unjust governments.^ What if the government had to obey gun control laws?
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ Similarly, Senator Stewart repeated that the federal Constitution is "the vital, sovereign, and controlling part of the fundamental law of every State," and although the states may repeat parts of it in their own bills of rights, "no State can adopt anything in a State constitution in conflict."
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow-citizens of the rights it recognizes, to what is called, in The City of New York v.
  • US V.Cruikshank,92 US542(1875)92 Us542 28 January 2010 0:49 UTC www.myplick.com [Source type: Original source]

Some believe that the framers of the Bill of Rights sought to balance not just political power, but also military power, between the people, the states and the nation,[44] as Alexander Hamilton explained in 1788:
.
[I]f circumstances should at any time oblige the government to form an army of any magnitude[,] that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens.^ When the people fear the government, there is tyranny."
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

^ And it's important that governments at all levels not infringe on those fundamental rights."
  • Victory in The United States Supreme Court! 28 January 2010 0:49 UTC www.buckeyefirearms.org [Source type: Original source]

^ "[I]f circumstances should at any time oblige the government to form an army of any magnitude, that army can never be formidable to the liberties of the people while there is a large body of citizens, little if at all inferior to them in discipline and the use of arms, who stand ready to defend their rights and those of their fellow citizens."
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

[44][45]
.Some scholars have said that it is wrong to read a right of armed insurrection in the Second Amendment because clearly the founding fathers sought to place trust in the power of the ordered liberty of democratic government versus the anarchy of insurrectionists.^ AMENDMENT II Right to bear arms.
  • CONSTITUTION OF THE UNITED STATES 28 January 2010 0:49 UTC www.endtimesreport.com [Source type: Original source]

^ The Second Amendment confers an individual right to bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Obama Against the Second Amendment : 2nd amendment - Right to Bear Arms : [...
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[46][47] .Other scholars, such as Glenn Reynolds, contend that the framers did believe in an individual right to armed insurrection.^ Framers [did think] of the Amendment as securing an individual right.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ That's A reason given, not THE reason - clearly, the Framers did not have to list any other obvious reason for the people to possess arms - hunting, self defense, target shooting, the simple love for guns, hobby, you name it - only what they considered as an important reason for a free republic, which is the right to form militias.
  • Supreme Court to Decide Whether Second Amendment Applies to States - Hit & Run : Reason Magazine 28 January 2010 0:49 UTC reason.com [Source type: Original source]

^ The ninth declares that the listing of individual rights is not meant to be comprehensive; that the people have other rights not specifically mentioned in the Constitution.
  • United States Government - The Constitution 28 January 2010 0:49 UTC countrystudies.us [Source type: Original source]

.The latter scholars cite examples, such as the Declaration of Independence (describing in 1776 “the Right of the People to … institute new Government”) and the New Hampshire Constitution (stating in 1784 that “nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind”).^ Wherever the Constitution enumerates rights to the States, it says so, wherever it gives rights to the people it says that also.
  • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

^ People of a STATE have the right to ALTER OR ABOLISH their government at will.
  • Sovereignty Resolutions: A Message to the UNITED STATES | Tenth Amendment Center Blog 28 January 2010 0:49 UTC blog.tenthamendmentcenter.com [Source type: Original source]

^ Citing Constitutional concerns the letter stated: .
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

[48]
.There was an ongoing debate in the 1780s about "the people" fighting governmental tyranny (as described by Anti-Federalists); or the risk of mob rule of "the people" (as described by the Federalists) related to the ongoing revolution in France.^ There will be many issues that have been debated here before, but it will also allow the people to show their will and have the government reflect their desires.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

^ Although on the other side of the ratification debate, Anti-Federalist Patrick Henry was unequivocal on the individual right to bear arms.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ A foundation of American political thought during the Revolutionary period was the well justified concern about political corruption and governmental tyranny.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

[49] .A widespread fear, during the debates on the ratification of the Constitution, was the possibility of a military takeover of the states by the federal government, which could happen if the Congress passed laws prohibiting states from arming citizens,[50] prohibiting citizens from arming themselves[35] or the federal government prohibiting the southern tradition of using their state militia for slave control.^ While citizens are armed, the government is the servant of the people.
  • The Second Amendment vs International Law | The Foundry: Conservative Policy News. 28 January 2010 0:49 UTC blog.heritage.org [Source type: Original source]

^ Only the federal government, not the states, can determine who becomes a citizen.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

^ That is a recognition that the States have the right to defend themselves when the federal government can’t or won’t do so.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[31]

Drafting and adoption of the Constitution

James Madison (left) is known as the “Father of the Constitution” and "Father of the Bill of Rights"[51] while George Mason (right) with Madison is also known as the “Father of the Bill of Rights”[52]
.Patrick Henry (left) believed than a citizenry trained in arms was the only sure guarantor of liberty[53] while Alexander Hamilton (right) believed that transferring control of the militia to the national government was essential to quell domestic insurrection.^ The right to keep and bear arms is asserted as essential for maintaining a militia.
  • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

^ Essentially the government is saying "You have the right to bear arms, unless we say so."
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ Clause 16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; .
  • Terrella Media, Inc. » The United States Constitution 28 January 2010 0:49 UTC www.terrella.com [Source type: Original source]

[54]
.Faced with the problems of governing the newly-formed United States due to deficiencies with the Articles of Confederation, in March 1785 a number of people from Virgina and Maryland met at the Mount Vernon Conference to resolve these weaknesses.^ March 1821 recognizing a State government already formed- had been satisfactorily met] .
  • Constitutions of the Several states 28 January 2010 0:49 UTC www.thegreenpapers.com [Source type: Original source]

^ State government already formed.
  • Constitutions of the Several states 28 January 2010 0:49 UTC www.thegreenpapers.com [Source type: Original source]

^ This is the enabling document for the United States government and its form of democracy.
  • THE UNITED STATES CONSTITUTION - We the People 28 January 2010 0:49 UTC constitutionus.com [Source type: Original source]

.This was followed with another meeting at Annapolis the following year which called for a convention of the thirteen states to fix these serious weaknesses critical for the country to survive.^ This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
  • CGSA - Constitution of the United States 28 January 2010 0:49 UTC www.theroadtoemmaus.org [Source type: Original source]
  • U.S. Constitution and Amendments thereto 28 January 2010 0:49 UTC www.omnifarious.org [Source type: Original source]
  • Constitution of the United States 28 January 2010 0:49 UTC www.nhinet.org [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 28 January 2010 0:49 UTC www.america.gov [Source type: Original source]
  • FCIC: Constitution of the United States and the Declaration of Independence 28 January 2010 0:49 UTC www.pueblo.gsa.gov [Source type: Original source]
  • Constitution of the United States 28 January 2010 0:49 UTC www.justfacts.com [Source type: Original source]
  • CONSTITUTION OF THE UNITED STATES, 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
  • Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
  • U.S. Constitution 28 January 2010 0:49 UTC www.tyranttamer.com [Source type: Original source]

^ Even though no convention has been called, these commentators reason the existence of the option can have what they refer to as a ''prodding'' effect.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

^ Just this past year, the Governors of the Western States adopted a call for a new process for amending the constitution along the lines of H.J.Res.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

.Major problems included the inability to provide security against foreign invasion or to check quarrels between states or insurrection within states, a failure to provide for uniform interstate commerce, and a failure to provide a national authority paramount over the states.^ To regulate commerce with foreign nations, and among the several states, and with the Indian tribes: 4.
  • The Constitution of the United States 28 January 2010 0:49 UTC www.worldquest.com [Source type: Original source]

^ To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes' .
  • Constitution of the united States 28 January 2010 0:49 UTC www.veindoctorny.com [Source type: Original source]

^ To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; .
  • The United States Constitution - The U.S. Constitution Online - USConstitution.net 28 January 2010 0:49 UTC www.usconstitution.net [Source type: Original source]
  • Constitution Of The United States 28 January 2010 0:49 UTC ron.dotson.net [Source type: Original source]
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]
  • National Constitution Center: Text of the Constitution 28 January 2010 0:49 UTC www.constitutioncenter.org [Source type: Original source]
  • FCIC: Constitution of the United States and the Declaration of Independence 28 January 2010 0:49 UTC www.pueblo.gsa.gov [Source type: Original source]
  • The Constitution of the United States, Annotated 28 January 2010 0:49 UTC www.america.gov [Source type: Original source]
  • http://www.worldalmanacforkids.com/WAKI-ViewArticle.aspx?pin=x-co205400a&article_id=682&chapter_id=15&chapter_title=United_States&article_title=U.S._Constitution 28 January 2010 0:49 UTC www.worldalmanacforkids.com [Source type: Original source]
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 28 January 2010 0:49 UTC infousa.state.gov [Source type: Original source]
  • CONSTITUTION OF THE UNITED STATES, 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
  • Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
  • The CONSTITUTION OF THE USA and AMENDMENTS -- Read & Know | The Hive 28 January 2010 0:49 UTC thehive.modbee.com [Source type: Original source]
  • The Constitution of the United States - The Petition Site 28 January 2010 0:49 UTC www.thepetitionsite.com [Source type: Original source]

[55] .It was agreed to schedule a meeting in Philadelphia to resolve these problems in May 1787—today often called the Constitutional Convention.^ Congress called for the convention to be held in Philadelphia, Pennsylvania in May, 1787.
  • The Constitution of the United States 28 January 2010 0:49 UTC www.worldquest.com [Source type: Original source]

^ May 25, 1787 (First day of the Constitutional Convention): .
  • Constitution of the United States 28 January 2010 0:49 UTC www.justfacts.com [Source type: Original source]

^ The Constitutional Convention of 1787, 15 .
  • CourseSmart - 0132410001 - Government by the People, National Version, Twenty Second Edition 28 January 2010 0:49 UTC www.coursesmart.com [Source type: Original source]

[56] .It quickly became apparent that the solution to the first problem, security from invasion and security from interstate conflict and insurrections, would require shifting control of the states' militias to the federal congress and also giving it the power to raise a standing army.^ It was among the first to give an official approval of transferring power to the federal government.
  • 87.03.08: The United States Constitution and Selected Amendments 28 January 2010 0:49 UTC www.yale.edu [Source type: FILTERED WITH BAYES]

^ Congress have no power to disarm the militia.
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ "Congress have no power to disarm the militia.
  • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

[57] This became codified in Article 1, Section 8 of the Constitution:
.
The Congress shall have power to ...^ All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
  • Constitution Of The United States 28 January 2010 0:49 UTC ron.dotson.net [Source type: Original source]
  • THE UNITED STATES CONSTITUTION - We the People 28 January 2010 0:49 UTC constitutionus.com [Source type: Original source]
  • U.S. Constitution and Amendments thereto 28 January 2010 0:49 UTC www.omnifarious.org [Source type: Original source]
  • Terrella Media, Inc. » The United States Constitution 28 January 2010 0:49 UTC www.terrella.com [Source type: Original source]
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
  • Constitution of the united States 28 January 2010 0:49 UTC www.veindoctorny.com [Source type: Original source]
  • FCIC: Constitution of the United States and the Declaration of Independence 28 January 2010 0:49 UTC www.pueblo.gsa.gov [Source type: Original source]
  • Constitution of the United States 28 January 2010 0:49 UTC www.justfacts.com [Source type: Original source]
  • The Constitution of the United States, Annotated 28 January 2010 0:49 UTC www.america.gov [Source type: Original source]
  • http://www.worldalmanacforkids.com/WAKI-ViewArticle.aspx?pin=x-co205400a&article_id=682&chapter_id=15&chapter_title=United_States&article_title=U.S._Constitution 28 January 2010 0:49 UTC www.worldalmanacforkids.com [Source type: Original source]
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 28 January 2010 0:49 UTC infousa.state.gov [Source type: Original source]
  • CONSTITUTION OF THE UNITED STATES, 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
  • Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
  • U.S. Constitution 28 January 2010 0:49 UTC www.tyranttamer.com [Source type: Original source]
  • The CONSTITUTION OF THE USA and AMENDMENTS -- Read & Know | The Hive 28 January 2010 0:49 UTC thehive.modbee.com [Source type: Original source]
  • CONSTITUTION OF THE UNITED STATES 28 January 2010 0:49 UTC www.endtimesreport.com [Source type: Original source]
  • The United States Constitution 28 January 2010 0:49 UTC www.consource.org [Source type: Original source]

^ Section 5- The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
  • Constitution of the united States 28 January 2010 0:49 UTC www.veindoctorny.com [Source type: Original source]

^ T he Congress shall have Power to declare the Punishment of Treason , but no Attainder of Treason shall work Corruption of Blood , or Forfeiture except during the Life of the Person attainted .
  • THE UNITED STATES CONSTITUTION - We the People 28 January 2010 0:49 UTC constitutionus.com [Source type: Original source]

provide for the common defense and general welfare of the United States; ... (12) To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; (13) To provide and maintain a navy; (14) To make rules for the government and regulation of the land and naval forces; (15) To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions; (16) To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.
.These proposed new federal powers encountered strong distrust among a minority of representatives who were concerned about the risks inherent in centralized power, and they sought protection against these risks.^ This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow-citizens of the rights it recognizes, to what is called, in The City of New York v.
  • US V.Cruikshank,92 US542(1875)92 Us542 28 January 2010 0:49 UTC www.myplick.com [Source type: Original source]

^ They argued that the strong national government proposed by the Federalists was a threat to the rights of individuals and that the President would become a king, and objected to the federal court system in the proposed Constitution.
  • The CONSTITUTION OF THE USA and AMENDMENTS -- Read & Know | The Hive 28 January 2010 0:49 UTC thehive.modbee.com [Source type: Original source]

^ The people who were empowered by the Constitution in the 18th century to elect and control their central government represented different origins, beliefs, and interests.
  • United States Government - The Constitution 28 January 2010 0:49 UTC countrystudies.us [Source type: Original source]

A debate about this conflict ensued.
.Federalists including James Madison initially argued that a bill of rights was unnecessary, asserting that the federal government could never raise a standing army powerful enough to overcome a militia.^ The Bill of Rights was designed as concretely establishing the limits of federal powers.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ "[I]f circumstances should at any time oblige the government to form an army of any magnitude, that army can never be formidable to the liberties of the people while there is a large body of citizens, little if at all inferior to them in discipline and the use of arms, who stand ready to defend their rights and those of their fellow citizens."
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

^ THIS was Madison's point in the Virginia Resolutions that the states can overrule the federal government– and that "On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution which all were instituted to preserve."
  • Sovereignty Resolutions: A Message to the UNITED STATES | Tenth Amendment Center Blog 28 January 2010 0:49 UTC blog.tenthamendmentcenter.com [Source type: Original source]

[58] .Similarly, federalist Noah Webster argued that an armed populace would have no trouble resisting the potential threat to liberty of a standing army.^ They argued that the strong national government proposed by the Federalists was a threat to the rights of individuals and that the President would become a king, and objected to the federal court system in the proposed Constitution.
  • The CONSTITUTION OF THE USA and AMENDMENTS -- Read & Know | The Hive 28 January 2010 0:49 UTC thehive.modbee.com [Source type: Original source]

^ The framers also saw an armed populace as the safeguard of religious liberty.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ We would not be America if there was no right to bear arms and over through a government that is not just.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[59][60] .Anti-federalists advocated amending the Constitution with clearly defined and enumerated rights, in order to provide more explicit constraints on the new government and protect against a risk of the new federal government disarming the state militias.^ Wherever the Constitution enumerates rights to the States, it says so, wherever it gives rights to the people it says that also.
  • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

^ The Bill of Rights itself is a protection for the people's rights against government intrusion.
  • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

^ Almost every thing the federal government and even the states are doing is against the constitution.
  • Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment 28 January 2010 0:49 UTC www.infowars.com [Source type: Original source]

.Several proponents counter-argued that by listing only certain rights, other unlisted rights would fail to be protected.^ The ninth declares that the listing of individual rights is not meant to be comprehensive; that the people have other rights not specifically mentioned in the Constitution.
  • United States Government - The Constitution 28 January 2010 0:49 UTC countrystudies.us [Source type: Original source]

^ Whether this provision protects the individual's right to own firearms or whether it deals only with the collective right of the people to arm and maintain a militia has long been debated.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

^ I've seen it argued that the Second Amendment only protected the right of the people to own the current issued individual infantry arms and not "crew served weapons" or vehicles (like tanks).
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

Amidst this debate, a compromise was reached. .The majority agreed to ratify the proposed new Constitution, including the shift to federal control of the states' militia and creation of a standing army, while also agreeing to consider the implementation of an itemized bill of rights at the first session of the new federal Congress.^ Which state was the first to ratify the US Constitution?
  • CONSTITUTION OF THE UNITED STATES, 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
  • Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]

^ The first Congress under the Constitution convenes in New York City.
  • THE UNITED STATES CONSTITUTION - We the People 28 January 2010 0:49 UTC constitutionus.com [Source type: Original source]

^ The first ten Amendments, known as the Bill of Rights (ratified Dec.
  • http://www.worldalmanacforkids.com/WAKI-ViewArticle.aspx?pin=x-co205400a&article_id=682&chapter_id=15&chapter_title=United_States&article_title=U.S._Constitution 28 January 2010 0:49 UTC www.worldalmanacforkids.com [Source type: Original source]
  • CONSTITUTION OF THE UNITED STATES, 28 January 2010 0:49 UTC www.history.com [Source type: Original source]

.The Constitution was declared ratified June 21, 1788, when nine of the original thirteen states had ratified it.^ The 5th state , Ratified Constitution of the United States, 9 January 1788 .
  • Constitutions of the Several states 28 January 2010 0:49 UTC www.thegreenpapers.com [Source type: Original source]

^ Which state was the first to ratify the US Constitution?
  • CONSTITUTION OF THE UNITED STATES, 28 January 2010 0:49 UTC www.history.com [Source type: Original source]

^ The 9th state , Ratified Constitution of the United States, 21 June 1788 .
  • Constitutions of the Several states 28 January 2010 0:49 UTC www.thegreenpapers.com [Source type: Original source]

.The remaining four states later followed suit, although the last two states ratified after Congress passed the Bill of Rights.^ Five of the states that ratified the Constitution also sent demands for a Bill of Rights to Congress.
  • Testimony of Eugene Volokh on the Second Amendment, SenateSubcommittee on the Constitution, Sept. 23, 1998. 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

^ State Officers of the bill of rights."
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ The rest of the states ratified it on the following dates: .
  • Constitution of the United States 28 January 2010 0:49 UTC www.justfacts.com [Source type: Original source]

James Madison drafted what ultimately became the United States Bill of Rights, which was proposed to the first Congress on June 8, 1789 and came into effect on December 15, 1791.

Conflict and compromise in Congress, the Bill of Rights

.James Madison's initial proposal for a bill of rights was brought to the floor of the House of Representatives on June 8, 1789, during the first session of Congress.^ First, the Bill of Rights is a charter of negative rights.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ "When James Madison and his colleagues drafted the Bill of Rights, they ...
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ June 8, 1789: James Madison introduces proposed Bill of Rights in the House of Representatives.
  • THE UNITED STATES CONSTITUTION - We the People 28 January 2010 0:49 UTC constitutionus.com [Source type: Original source]

The initial proposed passage relating to arms was:
.
The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.^ The arms right provision in both states reads: "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 Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ Indiana : "The people shall have a right to bear arms, for the defense of themselves and the State."
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Rhode Island:   The right of the people to keep and bear arms shall not be infringed (1842).
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

[61]
.On July 21, Madison again raised the issue of his Bill and proposed a select committee be created to report on it.^ Both the Select Committee report of November 28, 1811, and the Resolution from the U.S. Congress were ordered to lie on the table, and no further action was taken.
  • TONA Research Committee - Chronology of Historic Events 28 January 2010 0:49 UTC www.amendment-13.org [Source type: Original source]

^ April 11 The committee again reports an amended proposal of the TONA to the Senate.
  • TONA Research Committee - Chronology of Historic Events 28 January 2010 0:49 UTC www.amendment-13.org [Source type: Original source]

^ June 8, 1789: James Madison introduces proposed Bill of Rights in the House of Representatives.
  • THE UNITED STATES CONSTITUTION - We the People 28 January 2010 0:49 UTC constitutionus.com [Source type: Original source]

.The House voted in favor of Madison's motion,[62] and the Bill of Rights entered committee for review.^ On September 25, 1789, the completed Bill of Rights was written to parchment by a House scribe.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The Senate and House each publish journals listing bills passed, amendments offered, motions made, and votes taken.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

^ March 4 - September 25 The U.S. House of Representatives compiles a list of possible Constitutional Amendments, some of which will ultimately become the Bill of Rights.
  • TONA Research Committee - Chronology of Historic Events 28 January 2010 0:49 UTC www.amendment-13.org [Source type: Original source]
  • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 28 January 2010 0:49 UTC loveforlife.com.au [Source type: Original source]

The committee returned to the House a reworded version of the Second Amendment on July 28.[63] On August 17, that version was read into the Journal:
.
A well regulated militia, composed of the body of the people, being the best security of a free State, the right of the people to keep and bear arms shall not be infringed; but no person religiously scrupulous shall be compelled to bear arms.^ The arms right provision in both states reads: "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 Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ "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."
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

^ We have to take it as a given that a well-regulated militia is necessary to the security of a free state, because that's what the text says.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[64]
.The Second Amendment was debated and modified during sessions of the House on in late August of 1789. These debates revolved primarily around risk of "mal-administration of the government" using the "religiously scrupulous" clause to destroy the militia as Great Britain had attempted to destroy the militia at the commencement of the American Revolution.^ [This clause has been modified by Amendments XX and XXV.] .
  • Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]

^ The Second Amendment was originally three independent clauses; one that held that the best security of a free state was a militia; one that guaranteed "the right of the people to keep and bear arms"; and a third that guaranteed the right of those "religiously scrupulous of bearing arms" that they wouldn't be required to do so.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Justice McReynolds went on to describe the purpose of the Second Amendment as "assur[ing] the continuation and render[ing] possible the effectiveness of [the Militia]."
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

These concerns were addressed by modifying the final clause, and on August 24, the House sent the following version to the U.S. Senate:
A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no one religiously scrupulous of bearing arms shall be compelled to render military service in person.
.The next day, August 25, the Senate received the Amendment from the House and entered it into the Senate Journal.^ Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the president of the United States; if he approve, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it.
  • The Constitution of the United States 28 January 2010 0:49 UTC www.worldquest.com [Source type: Original source]

^ The House of Delegates Journal reports receiving Gov. Barbour's 2/6/1812 letter.
  • TONA Research Committee - Chronology of Historic Events 28 January 2010 0:49 UTC www.amendment-13.org [Source type: Original source]

^ Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it.
  • The United States Constitution - The U.S. Constitution Online - USConstitution.net 28 January 2010 0:49 UTC www.usconstitution.net [Source type: Original source]
  • U.S. Constitution and Amendments thereto 28 January 2010 0:49 UTC www.omnifarious.org [Source type: Original source]
  • The Constitution of the United States, Annotated 28 January 2010 0:49 UTC www.america.gov [Source type: Original source]
  • http://www.worldalmanacforkids.com/WAKI-ViewArticle.aspx?pin=x-co205400a&article_id=682&chapter_id=15&chapter_title=United_States&article_title=U.S._Constitution 28 January 2010 0:49 UTC www.worldalmanacforkids.com [Source type: Original source]
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 28 January 2010 0:49 UTC infousa.state.gov [Source type: Original source]
  • Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
  • The CONSTITUTION OF THE USA and AMENDMENTS -- Read & Know | The Hive 28 January 2010 0:49 UTC thehive.modbee.com [Source type: Original source]

When the Amendment was transcribed, the semicolon in the religious exemption portion was changed to a comma by the Senate scribe:
.
A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed, but no one religiously scrupulous of bearing arms shall be compelled to render military service in person.^ The arms right provision in both states reads: "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 Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ "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."
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

^ We have to take it as a given that a well-regulated militia is necessary to the security of a free state, because that's what the text says.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[65]
.By this time, the proposed right to keep and bear arms was in a separate amendment, instead of being in a single amendment together with other proposed rights such as the due process right.^ Any such time limitation is a condition of the Amendment proposal itself.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]

^ Do you support the Constitution, specifically the 2nd Amendment right to keep and bear arms?
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Presser V. Illinois was not a ruling on the individual right to keep and bear arms.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

.As a Representative explained, this change allowed each amendment to "be passed upon distinctly by the States."^ This Amendment changes the clause explained by Note 19.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]

^ You can’t possibly get 3/4 of the states’ delegates to pass an amendment against certain types of federal laws, if you can’t even get HALF of their FEDERAL delegates to resist or repeal them!
  • Sovereignty Resolutions: A Message to the UNITED STATES | Tenth Amendment Center Blog 28 January 2010 0:49 UTC blog.tenthamendmentcenter.com [Source type: Original source]

^ It does not confer new powers upon the States; it simply restores to the States the ability to initiate the amendment process which fear of a runaway convention has rendered virtually ineffective.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

[66] On September 4, the Senate voted to change the language of the Second Amendment by removing the definition of militia, and striking the conscientious objector clause:
.
A well regulated militia, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed.^ The arms right provision in both states reads: "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 Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ "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."
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

^ We have to take it as a given that a well-regulated militia is necessary to the security of a free state, because that's what the text says.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[67]
.The Senate returned to this Amendment for a final time on September 9. A proposal to insert the words "for the common defence" next to the words "bear arms" was defeated.^ The final proposed amendment reads: .
  • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 28 January 2010 0:49 UTC loveforlife.com.au [Source type: Original source]

^ The amendment on the right to bear arms read: .
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ KY Image 1 ], [ KY Image 2 ], [ RI Image 1 ], [ RI Image 2 ] 1823 March 3 Senator Reed leaves office for the 3rd and final time before his death.
  • TONA Research Committee - Chronology of Historic Events 28 January 2010 0:49 UTC www.amendment-13.org [Source type: Original source]

[68] .The Senate then slightly modified the language and voted to return the Bill of Rights to the House.^ President of the Senate, his right to vote.
  • The Constitution of the United States 28 January 2010 0:49 UTC www.worldquest.com [Source type: Original source]
  • Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]

^ On September 25, 1789, the completed Bill of Rights was written to parchment by a House scribe.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the president of the United States; if he approve, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it.
  • The Constitution of the United States 28 January 2010 0:49 UTC www.worldquest.com [Source type: Original source]

The final version passed by the Senate was:
A well regulated militia being the security of a free state, the right of the people to keep and bear arms shall not be infringed.
The House voted on September 21, 1789 to accept the changes made by the Senate, but the Amendment as finally entered into the House journal contained the additional words "necessary to":
.
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 arms right provision in both states reads: "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 Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ Rhode Island:   The right of the people to keep and bear arms shall not be infringed (1842).
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

^ Just as the Second Amendment declares that "the right of the people to keep and bear Arms[] shall not be infringed," so, too, the fourth Amendment declares: .
  • The Second Amendment and the Personal Right to Arms 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

[69]
.On December 15, 1791, the first ten amendments (the Bill of Rights), having been ratified by three-fourths of the states, were appended to the Constitution.^ The Amendment was not ratified together with the first ten Amendments, which became effective on December 15, 1791.
  • Constitution Of The United States 28 January 2010 0:49 UTC ron.dotson.net [Source type: Original source]
  • FCIC: Constitution of the United States and the Declaration of Independence 28 January 2010 0:49 UTC www.pueblo.gsa.gov [Source type: Original source]

^ Amendment 5 (Ratified December 15, 1791) .
  • Constitution of the United States 28 January 2010 0:49 UTC www.justfacts.com [Source type: Original source]

^ The remaining ten amendments became the Bill of Rights.
  • Constitution Of The United States 28 January 2010 0:49 UTC ron.dotson.net [Source type: Original source]
  • FCIC: Constitution of the United States and the Declaration of Independence 28 January 2010 0:49 UTC www.pueblo.gsa.gov [Source type: Original source]

The militia in early United States history

.In the first couple decades following the adoption of the Second Amendment public opposition to a standing army persisted, a widely held opinion among the minority Anti-Federalists and to a lesser extent among the majority Federalists.^ First and Second Amendment rights.
  • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

^ The New Hampshire convention, for example, adopted the nine Massachusetts amendments and added three others: one to limit standing armies, a second to ensure an individual right to bear arms, and a third to protect freedom of conscience.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ Since the passage of the Twentieth Amendment 188 it is required that the electors meet on the first Monday after the second Wednesday in December following elections to cast their votes.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]

[70] .This opinion also extended to opposition to a professional armed police force, with the responsibility to carry out local ordinances falling to sheriffs in counties and constables and night watchmen in cities and towns.^ Rosenthal (1903) struck down a Rutland city ordinance banning carrying of firearms for being contrary to the state constitution's RKBA, because it banned all carry.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The police officer should retreat out of range and try to defuse the situation-- and then use the appropriate level of force, as outlined in his procedures.
  • The US Supreme Court and the Second Amendment [Archive] - SignOnSanDiego Forums 28 January 2010 0:49 UTC forum.signonsandiego.com [Source type: Original source]

^ So, too, the description of the executive power carries over the distinction between the regular armed forces of the United States in a similar fashion.
  • The Second Amendment and the Personal Right to Arms 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

.These officials were sometimes compensated, but more often served as a civic duty without payment.^ More often, these are "this is a good idea to rely on the militia" statements--with no real legally enforceable component.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Federal officials may not accept a gift, office, payment, or title from a foreign country without the consent of Congress.
  • The Constitution of the United States, Annotated 28 January 2010 0:49 UTC www.america.gov [Source type: Original source]
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 28 January 2010 0:49 UTC infousa.state.gov [Source type: Original source]

.In these early decades with rare exceptions these full time law enforcement officers were not armed with firearms, but rather were armed only with clubs.^ Whether this provision protects the individual's right to own firearms or whether it deals only with the collective right of the people to arm and maintain a militia has long been debated.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

^ These arms-carrying restrictions show that Second Amendment language was understood to include ordinary citizens walking around with firearms for personal protection or hunting.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ And the legislature was no longer allowed to regulate "the exercise" of the right, but only to define "the lawful use of arms."
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

[70] .In large emergencies a call up was issued for the posse comitatus, militia companies, or vigilantes to assume law enforcement duties and these groups were much more likely to be armed with firearms.^ Whether this provision protects the individual's right to own firearms or whether it deals only with the collective right of the people to arm and maintain a militia has long been debated.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

^ But with more than 200 million guns in circulation, we've got so much more to do on this issue before we even reach that.
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

^ SEIDMAN. I think it's much more likely, and that's true for two reasons.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

[70] .The Uniform Militia Act of 1792 obliged every free able-bodied white male citizen between the ages of 18 and 45 to be included in the national militia.^ If we generally agree that militia was and is defined as every able-bodied male citizen (now, simply every able-bodied citizen).
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The Militia Act of 1792 required every white male citizen from 18 to 45 to own a gun, and show up for duty.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ That each and every free able-bodied white male citizen of the respective states, resident therein, who is or shall be of the age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia .
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

.It also required these men to provide their own arms and ammunition.^ The right to keep arms, necessarily involves the right to purchase them, to keep them in a state of efficiency for use, and to purchase and provide ammunition suitable for such arms, and to keep them in repair.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Men, acting under pretense, bring these gods alive to control WE THE PEOPLE. These men then are the true gods who by force of arms if necessary, keep WE THE PEOPLE in subjection to that which is false!
  • The Constitution of the United States: A man inspireddocument! 28 January 2010 0:49 UTC www.iahushua.com [Source type: Original source]

^ Fifteen owned slaves.3 Do not confuse these men with those who signed the Declaration of Independence.
  • The Constitution of the United States: A man inspireddocument! 28 January 2010 0:49 UTC www.iahushua.com [Source type: Original source]

[71] .In practice individual acquisition and maintenance of rifles and muskets to be held ready for militia duty proved problematic, with compliance estimates ranging between 10 and 65 percent of militiamen bringing their private arms to the militia musters.^ Whether this provision protects the individual's right to own firearms or whether it deals only with the collective right of the people to arm and maintain a militia has long been debated.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

^ Secondly, the right to keep and bear arms was not limited to the context of militia duty.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Such are a well regulated militia, composed of the freeholders, citizen and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

[72] .Additionally, compliance with the Uniform Militia Act of 1792 gradually fell into disfavor and disrepute.^ The Militia Act of 1903 separated the men into two distinct groups, the National Guard and the Reserve Militia .
  • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

^ Expense was precisely the problem faced by the early Congress when it passed the Militia Act of 1792.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ The Militia Act of 1792 required every white male citizen from 18 to 45 to own a gun, and show up for duty.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

.The State legislatures granted increasing numbers of exemptions to universal militia obligation, with exemptions granted to clergy, conscientious objectors, teachers, students, jurors, mariners and ferrymen.^ Finally, to make the Quakers and other pacifist sects happy, Madison proposed a conscientious objector provision for militia duty.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Already being considered in a number of state legislatures, and passed as law in Montana and Tennessee this year, the Firearms Freedom Act (FFA) is a state law that seeks to do just that.
  • Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment 28 January 2010 0:49 UTC www.infowars.com [Source type: Original source]

^ In a number of cases, the journals of the State legislatures are not available.
  • U.S. Constitution and Amendments thereto 28 January 2010 0:49 UTC www.omnifarious.org [Source type: Original source]

.While in practice, the remainder of able bodied white men remained obligated for service, an increasing number of people simply did not or could not show up for militia duty.^ This is part of what caused East Germany to finally collapse--the remaining True Believer Marxists of the Honnecker government simply did not have the stomach to kill the huge numbers of East Germans that would have been necessary to restore order.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The rockings, I only brought them up because of the number of them seen in San Diego, CA. When the rocker throwers are shot, there is a huge outcry that something could have been done....
  • The US Supreme Court and the Second Amendment [Archive] - SignOnSanDiego Forums 28 January 2010 0:49 UTC forum.signonsandiego.com [Source type: Original source]

^ A militia in its most generic sense is simply a body of people taking up arms for the common defense.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

.The penalty for failing to show up for duty was enforced only sporadically and selectively.^ What equipment and weapons the militia member was required to show up with when reporting for duty.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The Militia Act of 1792 required every white male citizen from 18 to 45 to own a gun, and show up for duty.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[73]
.The first test of the militia system occurred in July 1794, when a group of disaffected Pennsylvania farmers rebelled against federal tax collectors whom they viewed as illegitimate tools of tyrannical power.^ I guess it matters what other groups of indoctrinated people are thinking, doing, and how they view us.
  • Sovereignty Resolutions: A Message to the UNITED STATES | Tenth Amendment Center Blog 28 January 2010 0:49 UTC blog.tenthamendmentcenter.com [Source type: Original source]

^ Even the most ardent supporters suggest that the real test will come if the federal courts rule against the FFA. Will they give up at that point, or will they follow in the footsteps of medical marijuana activists around the country?
  • Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment 28 January 2010 0:49 UTC www.infowars.com [Source type: Original source]

^ This does not mean the court ruled it ONLY applies against the Federal government; rather, that was the only issue before the court and they limited it to that.
  • Victory in The United States Supreme Court! 28 January 2010 0:49 UTC www.buckeyefirearms.org [Source type: Original source]

[74] .Initial attempts of the four nearby states to raise a militia to be nationalized to suppress this insurrection proved inadequate.^ To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions: 16.
  • The Constitution of the United States 28 January 2010 0:49 UTC www.worldquest.com [Source type: Original source]

^ But it is hard to say on first reading whether the reference is to a well-regulated national militia or, Instead, to a well-regulated state militia (i.e., a militia in each state ).
  • The Second Amendment and the Personal Right to Arms 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; .
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]
  • FCIC: Constitution of the United States and the Declaration of Independence 28 January 2010 0:49 UTC www.pueblo.gsa.gov [Source type: Original source]
  • The Constitution of the United States, Annotated 28 January 2010 0:49 UTC www.america.gov [Source type: Original source]
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 28 January 2010 0:49 UTC infousa.state.gov [Source type: Original source]
  • Constitution of the United States, 28 January 2010 0:49 UTC sangre-de-cristo.com [Source type: Original source]
  • Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
  • The CONSTITUTION OF THE USA and AMENDMENTS -- Read & Know | The Hive 28 January 2010 0:49 UTC thehive.modbee.com [Source type: Original source]

When officials resorted to drafting men, they faced resistance to a draft. .The rank and file that resulted from this effort to raise a militia consisted mainly of draftees or paid substitutes and the poor of society who enlisted not out of duty but instead for the enlistment bonus payments.^ The "militia" which won the Revolutionary War consisted of all who were treated as full citizens of the community.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ The third clause was knocked out in committee out of fear that lazy people would declare themselves "religiously scrupulous" to get out of militia duty.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The militia, as has been elsewhere explained, consists of those persons who, under the law, are liable to the performance of military duty, and are officered and enrolled for service when called upon.
  • Testimony of Eugene Volokh on the Second Amendment, SenateSubcommittee on the Constitution, Sept. 23, 1998. 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

.The officers who responded to the militia call up were of a higher quality and had responded out of a sense of civic duty and patriotism, but were generally critical of the rank and file.^ A militia in its most generic sense is simply a body of people taking up arms for the common defense.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ What equipment and weapons the militia member was required to show up with when reporting for duty.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Such are a well regulated militia, composed of the freeholders, citizen and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

.Most of the 13,000 rank and file lacked their own weapons and the war department had to provide nearly two-thirds of them with guns.^ When, on January 13, 1865, a two-thirds vote was taken in the House of Representatives for proposing the Thirteenth Amendment "in honor of the immortal and sublime event" the House adjourned.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]

^ Nearly every RKBA activist I know agrees that laws prohibiting violent felons from owning guns are not only constitutional, but wise.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ As currently written, Article V of the Constitution provides two techniques for amending the Constitution: An amendment can be proposed either by two-thirds of both Houses of Congress or by a convention called by two-thirds of the states.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

.In October, President George Washington and General Harry Lee marched on the 7,000 rebels who conceded without fighting.^ George Washington was chosen president of the convention.
  • CONSTITUTION OF THE UNITED STATES, 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
  • Constitution of the United States, 28 January 2010 0:49 UTC sangre-de-cristo.com [Source type: Original source]

^ On the 25th of May, seven States having convened, George Washington, of Virginia, was unanimously elected President, and the consideration of the proposed constitution was commenced.
  • U.S. Constitution and Amendments thereto 28 January 2010 0:49 UTC www.omnifarious.org [Source type: Original source]

^ William Rawle, George Washington's candidate for the nation's first attorney general, made the same point.
  • The Second Amendment and the Personal Right to Arms 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

.The aftermath of this experience using a militia for national defense led to criticism of the self-armed citizen concept to provide for arming of a universal militia system.^ To suppose arms in the hands of citizens, to be used at individual discretion, except in private self-defense, or by partial orders of towns, countries or districts of a state, is to demolish every constitution, and lay the laws prostrate, so that liberty can be enjoyed by no man; it is a dissolution of the government.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ Not every thing that may be useful for offense or defense; but what may properly be included or understood under the title of arms, taken in connection with the fact that the citizen is to keep them, as a citizen[146].
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ The first is the power to tax and to spend the money raised by taxes, to provide for the nation’s defense and general welfare.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

.Secretary of War Henry Knox and President John Adams in the following years lobbied the Congress to establish federal armories to hold weapons which were mostly imported and to encourage the domestic gunsmiths to increase local production.^ Congress declares war, while the president wages war.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

^ John Jay, who was U.S. secretary of foreign affairs, and John Adams and Thomas Jefferson, who were out of the country on government missions, did not attend the convention; nor did Patrick Henry or Samuel Adams, both of whom opposed the creation of a strong central government.
  • CONSTITUTION OF THE UNITED STATES, 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
  • Constitution of the United States, 28 January 2010 0:49 UTC sangre-de-cristo.com [Source type: Original source]

^ The president of the convention transmitted it to Congress, with a resolution stating how the proposed Federal Government should be put in operation, and an explanatory letter.
  • U.S. Constitution and Amendments thereto 28 January 2010 0:49 UTC www.omnifarious.org [Source type: Original source]

[75] This degradation of the militia persisted, and within twenty years, the poor performance of the militia during the War of 1812 resulted in several wartime setbacks including being cited as the cause of the sacking of Washington, D.C. and the burning of the White House in 1814.[73]

Scholarly commentary

Early commentary

The earliest published commentary on the Second Amendment by a major constitutional theorist was by St. George Tucker. He annotated a five-volume edition of Sir William Blackstone's Commentaries on the Laws of England, a critical legal reference for early American attorneys published in 1803.[76]
.In footnotes 40 and 41 of the Commentaries, Tucker stated that the right to bear arms under the Second Amendment was not subject to the restrictions that were part of English law: "The right of the people to keep and bear arms shall not be infringed.^ "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."
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

^ Do you support the Constitution, specifically the 2nd Amendment right to keep and bear arms?
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ The English religious roots of the Second Amendment right to resist tyranny.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

Amendments to C. U. S. Art. .4, and this without any qualification as to their condition or degree, as is the case in the British government."^ The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government.
  • Testimony of Eugene Volokh on the Second Amendment, SenateSubcommittee on the Constitution, Sept. 23, 1998. 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

and ."Whoever examines the forest, and game laws in the British code, will readily perceive that the right of keeping arms is effectually taken away from the people of England."^ Whoever examines the forest, and game laws in the British code, will readily perceive that the right of keeping arms is effectually taken away from the people of England.
  • Testimony of Eugene Volokh on the Second Amendment, SenateSubcommittee on the Constitution, Sept. 23, 1998. 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

^ The right of the people to keep and bear arms shall not be infringed;...
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The Right of the PEOPLE to KEEP and BEAR arms, shall not be infringed.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

Blackstone himself also commented on English game laws, Vol. .II, p. 412, "that the prevention of popular insurrections and resistance to government by disarming the bulk of the people, is a reason oftener meant than avowed by the makers of the forest and game laws."^ I live here in Wyoming and the people and government respects the laws(that is my opinon).
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Because of the Supremacy Clause in the United States Constitution,[42] nothing in the Alaska or Hawaii Constitutions could prevent the federal government from disarming a state militia.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ "I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them."
  • Reread amendment | Deseret News 28 January 2010 0:49 UTC www.deseretnews.com [Source type: Original source]
  • Reread amendment | Deseret News 28 January 2010 0:49 UTC www.deseretnews.com [Source type: Original source]

[76] .Blackstone discussed the right of self-defense in a separate section of his treatise on the common law of crimes.^ That’s self-defense right there.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Wisconsins provision, adopted in 1998, states: "The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ For example, he referred to "the rights of an individual under the common law when his life is attacked.
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

.Tucker's annotations for that latter section did not mention the Second Amendment but cited the standard works of English jurists such as Hawkins.^ The English religious roots of the Second Amendment right to resist tyranny.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ Second Amendment With The Help Of Barack Obama Posted on October 8, 2008 by wasteofmyoxygen Obama worked for 5 years trying to stop Americans from having the right to bear arms.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ A review of English history explains the founders' intent in drafting the Second Amendment.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

[77]
Further, Tucker criticized the English Bill of Rights for limiting gun ownership to the very wealthy, leaving the populace effectively disarmed, and expressed the hope that Americans "never cease to regard the right of keeping and bearing arms as the surest pledge of their liberty."[76]
.The orthodox view of the meaning of the Second Amendment was articulated by Joseph Story in his influential Commentaries on the Constitution.^ In his influential Commentaries on the Constitution , Joseph Story emphasized the importance of the Second Amendment.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ Justice Joseph Story of the U.S. Supreme Court publishes "Commentaries on the Constitution of the United States", which shows only the first twelve amendments as adopted.
  • TONA Research Committee - Chronology of Historic Events 28 January 2010 0:49 UTC www.amendment-13.org [Source type: Original source]
  • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 28 January 2010 0:49 UTC loveforlife.com.au [Source type: Original source]

^ This view, unlike the states' right view, is consistent with both the text of the Second Amendment and the interpretive approach taken with regard to the rest of the Constitution.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

In his view the meaning of the Amendment was clear:
.
The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject.^ Article I Section 3.3 No Person shall be a Senator who shall not have attained to the Age of .
  • Web Guide to The Constitution of the United States 28 January 2010 0:49 UTC tcnbp.tripod.com [Source type: Original source]

^ And the gun itself is subject to speculation by the cop, they have thought that a bright red water pistol was a Browning 9mm and fired upon the person holding the squirt gun.
  • The US Supreme Court and the Second Amendment [Archive] - SignOnSanDiego Forums 28 January 2010 0:49 UTC forum.signonsandiego.com [Source type: Original source]

^ Article I Section 2.2 No Person shall be a Representative who shall not have attained to the .
  • Web Guide to The Constitution of the United States 28 January 2010 0:49 UTC tcnbp.tripod.com [Source type: Original source]

.The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers.^ Commentary: Only the federal government has the power to make treaties or negotiate with foreign countries.
  • The Constitution of the United States, Annotated 28 January 2010 0:49 UTC www.america.gov [Source type: Original source]

^ To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions: 16.
  • The Constitution of the United States 28 January 2010 0:49 UTC www.worldquest.com [Source type: Original source]

^ To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; .
  • Constitution Of The United States 28 January 2010 0:49 UTC ron.dotson.net [Source type: Original source]
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]
  • National Constitution Center: Text of the Constitution 28 January 2010 0:49 UTC www.constitutioncenter.org [Source type: Original source]
  • FCIC: Constitution of the United States and the Declaration of Independence 28 January 2010 0:49 UTC www.pueblo.gsa.gov [Source type: Original source]
  • The Constitution of the United States, Annotated 28 January 2010 0:49 UTC www.america.gov [Source type: Original source]
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 28 January 2010 0:49 UTC infousa.state.gov [Source type: Original source]
  • CONSTITUTION OF THE UNITED STATES, 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
  • Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
  • The CONSTITUTION OF THE USA and AMENDMENTS -- Read & Know | The Hive 28 January 2010 0:49 UTC thehive.modbee.com [Source type: Original source]

.It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people.^ The Bill of Rights itself is a protection for the people's rights against government intrusion.
  • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

^ This will not only lessen the call for military establishments, but if circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little if at all inferior to them in discipline and the use of arms, who stand ready to defend their rights and those of their fellow citizens.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ It is much more complicated than that, you see back then people had to hunt turkeys and the government couldn’t afford guns for the army and see then we realized that guns could be used to hurt someone unjustly and that it was easier to do it if they didn’t have guns so we decided to take away everyone’s guns to ensure justice and liberty!
  • Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment 28 January 2010 0:49 UTC www.infowars.com [Source type: Original source]

.The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.^ Doubt that the government is trying and will take away the right of the people to keep and bear arms.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ The right to bear arms .

^ Presser V. Illinois was not a ruling on the individual right to keep and bear arms.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

.And yet, though this truth would seem so clear, and the importance of a well regulated militia would seem so undeniable, it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burthens, to be rid of all regulations.^ What was a well-regulated militia?
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Article II. A well-regulated militia .
  • Terrella Media, Inc. » The United States Constitution 28 January 2010 0:49 UTC www.terrella.com [Source type: Original source]

^ It would seem to me then that any regulation that pulls the teeth from said militia would then be unconstitutional.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

.How it is practicable to keep the people duly armed without some organization, it is difficult to see.^ How it is practicable to keep the people duly armed without some organization, it is difficult to see.
  • Testimony of Eugene Volokh on the Second Amendment, SenateSubcommittee on the Constitution, Sept. 23, 1998. 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

^ Whoever examines the forest, and game laws in the British code, will readily perceive that the right of keeping arms is effectually taken away from the people of England.
  • Testimony of Eugene Volokh on the Second Amendment, SenateSubcommittee on the Constitution, Sept. 23, 1998. 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

^ The arms right provision in both states reads: "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 Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

.There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our national bill of rights.^ There was no dissent from this description of the clause.
  • The Second Amendment and the Personal Right to Arms 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ There is no precedent for a national referendum.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ The Bill of Rights was established to protect the individual.
  • Second And Fourth Amendment Wins | The Barr Code 28 January 2010 0:49 UTC blogs.ajc.com [Source type: General]

[78]
.In this quote, Story describes a militia as the "natural defence of a free country," both against foreign foes, domestic revolts and usurpation by rulers.^ The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers.
  • Testimony of Eugene Volokh on the Second Amendment, SenateSubcommittee on the Constitution, Sept. 23, 1998. 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

^ He described the militia as the "natural defence of a free country" not only "against sudden foreign invasions" and "domestic insurrections", but also against "domestic usurpations of power by rulers."
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ The arms right provision in both states reads: "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 Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

.The book regards the militia as a "moral check" against both usurpation and the arbitrary use of power, while expressing distress at the growing indifference of the American people to maintaining such an organized militia, which could lead to the undermining of the protection of the Second Amendment.^ Both clauses of the Second Amendment protect gun rights.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ The Fourth Amendment "protects people, not places".
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ Second Amendment protects a collective right of the people to bear arms).
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

[78]
.Abolitionist Lysander Spooner, commenting on bills of rights, stated that the object of all bills of rights is to assert the rights of individuals against the government and that the Second Amendment right to keep and bear arms was in support of the right to resist government oppression, as the only security against the tyranny of government lies in forcible resistance to injustice, for injustice will certainly be executed, unless forcibly resisted.^ Few parts of the Bill of Rights have as many state analogues as does the Second Amendment.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ One can imagine a Bill of Rights in a federal constitution securing a right of states; but the federal Bill of Rights wouldn't secure or assert rights of the federal government (as opposed to against the federal government), and a state Bill of Rights wouldn't secure or assert rights of the state government.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Just as the Second Amendment declares that "the right of the people to keep and bear Arms[] shall not be infringed," so, too, the fourth Amendment declares: .
  • The Second Amendment and the Personal Right to Arms 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

[79] .Spooner's theory provided the intellectual foundation for John Brown and other radical abolitionists who believed that arming slaves was not only morally justified, but entirely consistent with the Second Amendment.^ I do think it is a victory for those who believe in the Second Amendment.
  • Victory in The United States Supreme Court! 28 January 2010 0:49 UTC www.buckeyefirearms.org [Source type: Original source]

^ Saul Cornell and other scholars who have concluded for years that the Second Amendment is merely a collective right are 100% dead wrong on the body of their life’s work.
  • Victory in The United States Supreme Court! 28 January 2010 0:49 UTC www.buckeyefirearms.org [Source type: Original source]

^ The New Hampshire convention, for example, adopted the nine Massachusetts amendments and added three others: one to limit standing armies, a second to ensure an individual right to bear arms, and a third to protect freedom of conscience.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

[80] .An express connection between this right and the Second Amendment was drawn by Lysander Spooner who commented that a "right of resistance" is protected by both the right to trial by jury and the Second Amendment.^ In common law, right of jury trial .

^ Second Amendment protects a collective right of the people to bear arms).
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Seventh Amendment right to a jury trial in civil cases, and 5.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

[81]

Later commentary

.Two grammatical descriptions of the Second Amendment have been historically discussed.^ The Nunn decision was consistent with every nineteenth century Supreme Court case, every state court case[85] and every legal treatise which discussed the Second Amendment.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ "Of course the historical evidence is unanimous that in 1889, the Second Amendment was considered to be an individual right comparable to the individual right of free speech," Mr. Kopel said in an e-mail.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ Kopel and Caldara discusses the lawful carrying of firearms outside of buildings where the President is speaking, and why Kopel thinks it is harmful to the pro-Second Amendment movement.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

.In one description, known to grammarians as an ablative absolute construction, the Second Amendment has been considered formed with an opening justification phrase or qualifying clause, followed by a declarative clause where the opening phrase modifies the main clause much as an adjective would modify a noun.^ [This clause has been modified by Amendments XX and XXV.] .
  • Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]

^ My principal objection to the way the Bliley Amendment would work in practice is that the one thing that should be required before any constitutional changes take place is that as much deliberation as possible take place, over as long a period of time as is necessary.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

^ II. Within the amendment are two distinct clauses, the first subordinate and the second independent.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

[82][83][84][85] .Under this interpretation, the opening phrase is considered essential as a pre-condition for the main clause.^ This ambuiguity stems from the definition of "ambiguous;" i.e., the plethora of arguments, even in this thread, that the phrase is 'open to interpretation.'
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[86] This was a grammar structure that was common during that era.[87] .This grammatical description is considered by some to be consistent with the concept of the Second Amendment as protecting a collective right to firearms for members serving in a select militia.^ I think this is perfectly consistent with any interpretation of the Second Amendment other than the "collective right" interpretation.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The Second Amendment doesn't guarantee the right to have firearms at all....
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ We don’t need no stinking Second Amendment to protect that right.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[88]
.Another description of the Second Amendment has it being grammatically formed with an opening "prefatory clause" or amplifying clause followed by an "operative clause", meaning that the opening phrase is meant as a non-exclusive, example reason for the amendment.^ The Second Amendment is split between a prefatory clause and an operative clause.
  • Second And Fourth Amendment Wins | The Barr Code 28 January 2010 0:49 UTC blogs.ajc.com [Source type: General]

^ But there is no need to deceive ourselves as to what the original Second Amendment said and meant.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ The meaning of an individual right to bear arms under the Second Amendment would thus be fairly clear.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

[89] .This description is consistent with the concept of the Second Amendment as protecting a "modified individual rights view" of the right.^ The Second Amendment confers an individual right to bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Once more, language which tracks the Second Amendment is used to protect an individual right.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ The Bill of Rights was established to protect the individual.
  • Second And Fourth Amendment Wins | The Barr Code 28 January 2010 0:49 UTC blogs.ajc.com [Source type: General]

[90] .In Heller, the Supreme Court endorsed this description of the Second Amendment.^ We should hope that no 2nd Amendment case gets to the Supreme Court any time soon, or wave it goodbye.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The Ninth Amendment - Unenumerated Rights Retained by the People: & The Supreme Court has so far refused to be influenced by the Ninth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ But the Supreme Court repeated what it had held in an earlier case, that two thirds of the members present, assuming the presence of a quorum (majority), may propose an Amendment.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]

[91] .Although the Second Amendment is the only Constitutional amendment that has a prefatory clause, such constructions were widely used elsewhere.^ AMENDMENT IX. Rule of construction of Constitution.
  • Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]

^ The Second Amendment is split between a prefatory clause and an operative clause.
  • Second And Fourth Amendment Wins | The Barr Code 28 January 2010 0:49 UTC blogs.ajc.com [Source type: General]

^ If we simply look at how the same words in the Second Amendment have been used in state constitutions, we find that these words have had a stable, consistent meaning throughout American history.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

[92]
.Yet another grammatical interpretation of the amendment holds that the first clause is simply explanatory and not a qualifying or an amplifying clause.^ You won't find the justification for any of those exceptions -anywhere- in the First Amendment, yet most of 'em are a good idea.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ II. Within the amendment are two distinct clauses, the first subordinate and the second independent.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ The first question is what state interests, exactly, are protected by a "states' rights" interpretation of the Second Amendment.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

.So while militia service is the stated justification for protecting the right to keep and bear arms, it is not a pre-condition on that right.^ What, then, is he protected in the right to keep and thus use?
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ Even then, the state arms guarantees have been held to protect individual rights.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ The right to bear arms .

[93] .This is believed because the later clause of the amendment still guarantees the right to "the people," and, therefore, it cannot be limited to only members of a select militia.^ It was not, therefore, a right granted to the people by the Constitution.
  • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

^ "While some have argued that the Second Amendment guarantees only a 'collective' right of the States to maintain militias, I believe the amendment's plain meaning and original intent prove otherwise."
  • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

^ He describes his interpretation of the Second Amendment as providing "that the Second Amendment guarantees a right of the people to be armed only in service to an organized militia" [16] and argues that James Madison interpreted the Amendment as ensuring .
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

[94] .This style of syntax was common for the time and similar language can also be found in the Copyright Clause of the U.S. Constitution.^ The Citizenship Clause defined citizenship in the Constitution for the first time.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ In forty-two of those states, we have found an unbroken interpretive mode: language identical to or similar to the federal Second Amendment that has been consistently interpreted as guaranteeing an individual right.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ In 1787, the Founding Fathers included Article V of the Constitution to allow for changes in the Constitution, realizing that as time goes forward, there will be new ideas and there ought to be a mechanism for amendment.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

[95]
.In the wake of Sanford Levinson's 1989 Yale Law Journal article on the Second Amendment, there was renewed scholarly interest in the Second Amendment.^ Sanford Levinson, The Embarrassing Second Amendment , 99 YALE L.J. 637, 654-55 (1989).
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ Sanford Levinson, The Embarrassing Second Amendment , 99 Yale L.J. 637 , 643-44 (1989) .
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ Sanford Levinson, The Embarrassing Second Amendment , 99 Yale L.J. 637, 647 (1989) (citing statement of George Mason (June 14, 1788), in 3 JONATHAN ELLIOTT, DEBATES IN THE GENERAL STATE CONVENTIONS 425 (3d ed.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

.Scholars in law, history and political science weighed in, including Akhil Reed Amar, Saul Cornell, Leonard Levy, Jack Rakove, Laurence Tribe, William Van Alstyne and Garry Wills.^ Framer James Wilson, however, endorsed popular amendment, and the topic is examined at some length in Akhil Reed Amar's book, The Constitution: A Biography .
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ Editorial Board for Guns in American Society : An Encyclopedia of History, Politics, Culture, and the Law (ABC/Clio: 2002).
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

.By 1999, the weight of scholarship had appeared to shift towards an interpretation of the Second Amendment with an individual rights component.^ The Second Amendment confers an individual right to bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The Second Amendment is for individual gun owners.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ The New Hampshire convention, for example, adopted the nine Massachusetts amendments and added three others: one to limit standing armies, a second to ensure an individual right to bear arms, and a third to protect freedom of conscience.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

[96]
.According to Saul Cornell, in recent decades Second Amendment scholarship has taken the form of “law office history”, a form of advocacy scholarship intended to influence the way courts decide constitutional questions.^ Shouldn't courts read the Second Amendment as part of an evolving Constitution?
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Having lost that fight, Obama now claims he always held the individual rights view of the Second Amendment, and that he “ respects the constitutional rights of Americans to bear arms .” But as a Joyce director, Obama was involved in a wealthy foundation’s attempt to manipulate the Supreme Court, buy legal scholarship, and obliterate the individual right to arms.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ A more recent result of the prior Obama supported Joyce Foundation funding was the Carl Bogus/Saul Cornell amicus brief on behalf of fifteen academic historians and constitutional law professors arguing for Washington DC’s handgun ban in the Heller case.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

.This legal scholarship has influenced the way briefs are written and also may have been used by judges when deciding a case.^ A lawyer in court may do that for the benefit of his or her client, but that's not the way judges and citizens should interpret constitutional provisions.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[97]
Similarly, also according to Saul Cornell, the simplified choices of only two models, of the older individual right interpretation and of the later collective right interpretation of the Second Amendment, were both in error: "The original understanding of the Second Amendment was neither an individual right of self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed to meet their legal obligation to participate in a well-regulated militia."[98][99] David Thomas Konig has also expressed this viewpoint, saying "No individual right existed unrelated to service in a well-regulated militia; no effective militia could serve its purpose without an armed citizenry." .He also stated that the collective and individual right interpretations are really "products of present-day normative agendas that have polarized the debate into two competing and largely ahistorical models."^ These schools of thought are referred to as the "states' rights", or "collective rights", school and the "individual rights" school.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ Whether this provision protects the individual's right to own firearms or whether it deals only with the collective right of the people to arm and maintain a militia has long been debated.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

^ This view, unlike the states' right view, is consistent with both the text of the Second Amendment and the interpretive approach taken with regard to the rest of the Constitution.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

[100]
.In contrast, senior NRA attorney David Hardy specifically dismisses Saul Cornell's civic right model as the overarching reason, while also criticizing Saul Cornell's tendency to cite only writers that support militia interpretations of the Second Amendment though omitting mention of the works of additional early writers that spoke instead of a multiplicity of reasons for the Second Amendment.^ (Attorneys General who supported the Second Amendment).
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ For this reason, I vote for the candidate most likely to support my Second Amendment rights.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ First Amendment rights have also been cited as by implication supporting a Constitutional "Right To Privacy".
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

.According to David Hardy, the civic duty is only one of several purposes intended by the Second Amendment.^ An updated Second Amendment is thus at least as much an individual right as the original one.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Justice McReynolds went on to describe the purpose of the Second Amendment as "assur[ing] the continuation and render[ing] possible the effectiveness of [the Militia]."
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ "No one has ever described the Constitution as a marvel of clarity, and the Second Amendment is perhaps one of the worst drafted of all its provisions."
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

[23]
.The meaning and scope of the right to keep and bear arms has been described as among the most controversial of the rights codified in the Bill of Rights.^ The right to bear arms means little when bullets are illegal.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Presser V. Illinois was not a ruling on the individual right to keep and bear arms.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ The right of the people to keep and bear arms shall not be infringed;...
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[2][101] .Similarly, in his book, Out of Range, Mark Tushnet concluded there was no clear meaning of the Second Amendment.^ But there is no need to deceive ourselves as to what the original Second Amendment said and meant.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ "No one has ever described the Constitution as a marvel of clarity, and the Second Amendment is perhaps one of the worst drafted of all its provisions."
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ The meaning of an individual right to bear arms under the Second Amendment would thus be fairly clear.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

[102]

Meaning of "to keep and bear arms"

.The people's right to have their own arms for their defense is described in the philosophical and political writings of Aristotle, Cicero, John Locke, Machiavelli, the English Whigs and others.^ Whether this provision protects the individual's right to own firearms or whether it deals only with the collective right of the people to arm and maintain a militia has long been debated.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

^ The arms right provision in both states reads: "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 Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ Indiana : "The people shall have a right to bear arms, for the defense of themselves and the State."
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

[103] .Though possessing arms appears to be distinct from "bearing" them, the possession of arms is recognized as necessary for and a logical precursor to the bearing of arms.^ The arms right provision in both states reads: "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 Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ 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 Constitution of the United States 28 January 2010 0:49 UTC www.worldquest.com [Source type: Original source]

^ The fact is, it is one of the great crimes of modern constitutional intrepretation that the courts have been unwilling to recognize the Second Amendment's clear protection of the right to bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[104]
The Oxford English Dictionary (OED) defines the phrase To bear arms as "to serve as a soldier, do military service, fight." The OED dates this use to 1795.[105][106][107] Garry Wills, an author and history professor at Northwestern University, has written of the origin of the term bear arms:
By legal and other channels, the Latin "arma ferre" entered deeply into the European language of war. .Bearing arms is such a synonym for waging war that Shakespeare can call a just war " 'justborne arms" and a civil war "self-borne arms."^ We would not be America if there was no right to bear arms and over through a government that is not just.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Alabama 's guarantee refers to community protection (such as might be provided in militia service) with the phrase "bear arms in defense of...the state."
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Alabama's guarantee refers to community protection (such as might be provided in militia service) with the phrase "bear arms in defense of...the state."
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

.Even outside the special phrase "bear arms," much of the noun's use echoes Latin phrases: to be under arms (sub armis), the call to arms (ad arma), to follow arms (arma sequi), to take arms (arma capere), to lay down arms (arma pœnere).^ Again, the phrase "keep and bear arms" is used for more than militia use.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ The New Hampshire convention, for example, adopted the nine Massachusetts amendments and added three others: one to limit standing armies, a second to ensure an individual right to bear arms, and a third to protect freedom of conscience.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ Not every thing that may be useful for offense or defense; but what may properly be included or understood under the title of arms, taken in connection with the fact that the citizen is to keep them, as a citizen[146].
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

."Arms" is a profession that one brother chooses the way another choose law or the church.^ The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any foreign State.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]

^ "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state.
  • The Constitution of the United States 28 January 2010 0:49 UTC www.worldquest.com [Source type: Original source]

An issue undergoes the arbitrament of arms." ... ."One does not bear arms against a rabbit...^ Thus, one can bear arms "in defense.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ "However, the Montana Constitution's Compact Article does not prove that Montana entered the union contingent on the existence of a personal right to keep and bear arms in the U.S. Constitution."
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ One of the most important elements of Vermonts right to arms language is the juxtaposition of a right to bear arms with a denunciation of standing armies.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

[108]
Garry Wills also cites Greek and Latin etymology:
... ."Bear Arms" refers to military service, which is why the plural is used (based on Greek 'hopla pherein' and Latin 'arma ferre') – one does not bear arm, or bear an arm.^ Thus, one can bear arms "in defense.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ It certainly does not seem that the "right to keep and bear arms" was seen as absolute in the mid-1800s among legal experts and judges.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ "However, the Montana Constitution's Compact Article does not prove that Montana entered the union contingent on the existence of a personal right to keep and bear arms in the U.S. Constitution."
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

.The word means, etymologically, 'equipment' (from the root ar-* in verbs like 'ararisko', to fit out).^ The problem with the "unorganized" militia argument is it is completely inconsistent with the interpretation that allows you to read the words "well regulated" out of the Amendment, i.e., that regulated means "ordered".
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ You just don't LIKE the idea of gun regulation, so you do cartwheels to read the word out of the document.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

It refers to the 'equipage' of war. .Thus 'bear arms' can be used of naval as well as artillery warfare, since the "profession of arms" refers to all military callings.^ Thus, one can bear arms "in defense.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ Alabama also refers to personal protection: "bear arms in defense of himself."
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ 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.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]
  • Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]

[109]
Don Kates, a civil liberties lawyer, cites historic English usage describing the "right to keep and bear their private arms."[110]
Both military and nonmilitary usage of the phrase is found in the Pennsylvania "minority report" published after the ratifying convention
.
That the people have a right to bear arms for the defence of themselves and their own state, or the United States, or for the purpose of killing game; and no law shall be passed for disarming the people or any of them, unless for crimes committed, or real danger of public injury from individuals; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up: and that the military shall be kept under strict subordination to and be governed by the civil powers."^ The executive Power shall be vested in a President of the United States of America .
  • The United States Constitution 28 January 2010 0:49 UTC www.consource.org [Source type: Original source]

^ We would not be America if there was no right to bear arms and over through a government that is not just.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Ohio: "The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power."
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

[111]
.Historian Jack Rakove, in an amicus brief signed by a dozen leading historians filed in District of Columbia.^ Analysis of the anti-Second Amendment amicus briefs in District of Columbia v.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ Law at Roger Williams, and lead author on a pro-DC amicus brief of some historians) and Dave Kopel.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ Amicus brief of the Independence Institute, the International Law Enforcement Educators & Trainers Association, and many other law enforcement organizations and leaders in District of Columbia v.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

v. Heller
,[112] identifies several problems with the Kates and Blodgett-Ford argument. Coxe's reference describes the ownership of weapons, not the purpose for which the weapons were owned. .Thus, privately owned weapons were state mandated as a means of meeting one's legal obligation to contribute to public defense.^ FYI – in my state it is illegal to own a fully automatic weapon under any circumstances.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Shopping malls are privately owned, and can prohibit public gatherings.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ These privately owned arms were meant to serve a larger purpose [defense of public liberties] as well ....
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

.Other historians have noted that the Second Amendment was as much a civic obligation as it was a right in the modern sense.^ The New Hampshire convention, for example, adopted the nine Massachusetts amendments and added three others: one to limit standing armies, a second to ensure an individual right to bear arms, and a third to protect freedom of conscience.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ The English religious roots of the Second Amendment right to resist tyranny.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ Those who support our Second Amendment rights can make sure of that.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[113] The meaning of the Pennsylvania dissent of the minority is even more hotly disputed. .Historians have also noted that this text, written by the Anti-Federalist minority of a single state, was hastily written, never actually reached the floor of the convention, and was never emulated by any other ratification convention.^ The Ratification of the Conventions of nine States, shall be sufficient for the establishment of this Constitution between the States so ratifying the Same.
  • Constitution of the United States 28 January 2010 0:49 UTC www.justfacts.com [Source type: Original source]

^ As currently written, Article V of the Constitution provides two techniques for amending the Constitution: An amendment can be proposed either by two-thirds of both Houses of Congress or by a convention called by two-thirds of the states.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

^ In some other States they enjoyed suffrage with respect to minor offices.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]

[114][115][116][113][117]
.Richard Uviller and William G. Merkel have argued that prior to and through the 18th century, the expression "bear arms" appeared primarily in military contexts, as opposed to the use of firearms by civilians.^ We would not be America if there was no right to bear arms and over through a government that is not just.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ David M. Nieporent ( www ): Richard, Similarly, if the state Constitutions all protect "an individual's right to bear arms," and the federal Constitution protects "the right to bear arms", that is evidence that the federal government does NOT protect an individual right.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ As has always been the case with the citizen militia (as opposed to the organized citizen soldier) the citizenry is to use the arms they are best familiar with, the State has no say in that.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[13][118][119][57] According to Uviller and Merkel:
.
In late-eighteenth-century parlance, bearing arms was a term of art with an obvious military and legal connotation.^ By the middle of the seventeenth century, however, the sovereign jeopardized the individual right to bear arms.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ Oregon : "The people shall have the right to bear arms for the defence of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ "The protection of the constitution is not limited to militiamen nor military purposes, in terms, but extends to every person to bear arms for the defense of himself as well as of the state."
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

... .As a review of the Library of Congress's data base of congressional proceedings in the revolutionary and early national periods reveals, the thirty uses of 'bear arms' and 'bearing arms' in bills, statutes, and debates of the Continental, Confederation, and United States' Congresses between 1774 and 1821 invariably occur in a context exclusively focused on the army or the militia.^ Again, the phrase "keep and bear arms" is used for more than militia use.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ Constitution of the United States of America, with the amendments thereto: to which are prefixed the Declaration of Independence, the Articles of Confederation, and the Ordinance of 1787; and to which are added the Rules of the Senate, the Joint rules .

^ The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms.” -Samuel Adams, debates & Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[118]
.Uviller and Merkel's conclusion is questioned by Clayton Cramer and Joseph Olson, who argue that while previous scholarly examination of the phrase "bear arms" in English language documents published around the time of the Constitution does show almost entirely military uses or contexts, that this perhaps is reflective of a selection bias problem arising from the use of a limited selection of government documents that overwhelmingly refer to matters of military service.^ Again, the phrase "keep and bear arms" is used for more than militia use.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ That was the use of that phrase at the time of ratification &in that context.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ I mean, the will of the public—the Constitution does not reflect the will of the public.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

[120] According to Cramer and Olson:
.
Searching more comprehensive collections of English language works published before 1820 shows that there are a number of uses that...have nothing to do with military service...[and] The common law was in agreement.^ Get used to it there’s more to come!
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ There will be many issues that have been debated here before, but it will also allow the people to show their will and have the government reflect their desires.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

^ We have nothing to fear from the overwhelming majority in the law enforcement and military communities; they are on OUR side, and know where their true allegiance resides.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

.Edward Christian’s edition of Blackstone’s Commentaries that appeared in the 1790’s described the rights of Englishmen (which every American colonist had been promised) in these terms 'everyone is at liberty to keep or carry a gun, if he does not use it for the [unlawful] destruction of game.'^ It certainly does not seem that the "right to keep and bear arms" was seen as absolute in the mid-1800s among legal experts and judges.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ If we simply look at how the same words in the Second Amendment have been used in state constitutions, we find that these words have had a stable, consistent meaning throughout American history.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ The Court notes that several other federal courts have held that the Second Amendment does not establish an individual right to keep and bear arms, but rather a "collective" right, or a right held by the states.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

.This right was separate from militia duties."^ What arms were protected was under debate, but that the right was not limited to militia duty is clear enough.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Secondly, the right to keep and bear arms was not limited to the context of militia duty.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[120]
.Mark Tushnet claims that "bear arms," when used separately from "keep" in the late 18th century, could refer to hunting or other activities.^ Again, the phrase "keep and bear arms" is used for more than militia use.
  • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ Antonin Scalia, Response, in A Matter of Interpretation , supra at 129, 136 n.13 (quoting JOYCE LEE MALCOLM, TO KEEP AND BEAR ARMS 136, 148 (1994)).
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ It certainly does not seem that the "right to keep and bear arms" was seen as absolute in the mid-1800s among legal experts and judges.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

.On the other hand, he also concludes that when the terms are used together, they specifically refer to weapons in connection with military use.^ Thus, Miller might have had a tenable argument had he been able to show that he was keeping or bearing a weapon that clearly had a potential military use.
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ And "[c]ertainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense."
  • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

^ Some of those permit holders are simply collectors while others allow movie makers to use their weapons during filming.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

When used separately in the eighteenth century, 'keep' and 'bear' had their ordinary meanings -you could keep a weapon in your house, and then you'd bear it outside. When used together, though, the meaning is more restricted. The evidence is overwhelming that 'keep and bear' was a technical phrase whose terms traveled together, like 'cease and desist' or 'hue and cry.' 'Keep and bear' referred to weapons in connection with military uses, even when the terms used separately might refer to hunting or other activities.[121]

Meaning of "well regulated militia"

The term "well regulated" in the Second Amendment has been interpreted as a usage of the term "regulated" to mean "disciplined" or "trained".[122] On what constitutes a well regulated militia, Alexander Hamilton wrote in Federalist No. 29:
.
If a well regulated militia be the most natural defence of a free country, it ought certainly to be under the regulation and at the disposal of that body which is constituted the guardian of the national security....A tolerable expertness in military movements is a business that requires time and practice.^ What was a well-regulated militia?
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ After all, a well regulated militia quite plausibly is necessary to the security of a free state.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The text says that a well regulated militia is necessary for the security of a free state.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

It is not a day, or even a week, that will suffice for the attainment of it. .To oblige the great body of the yeomanry, and of the other classes of the citizens, to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia, would be a real grievance to the people, and a serious public inconvenience and loss.^ What was a well-regulated militia?
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ If there's any implication of having the militia be 'well regulated" it would not be through the feds.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well‑regulated militia, so vitally necessary to the security of free State.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

[45]
.Some scholars, such as Saul Cornell, have contended that modern militia movements are not what could be considered "well regulated", since they often lack fixed leadership and may have unstructured training regimes.^ That is why they are called well regulated.
  • The US Supreme Court and the Second Amendment [Archive] - SignOnSanDiego Forums 28 January 2010 0:49 UTC forum.signonsandiego.com [Source type: Original source]

^ What was a well-regulated militia?
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ In other words even if I bought your current definition of "well regulated" then the proper actors for such regulation would be the states.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[123]

Judicial interpretations

.For almost a century following the ratification of the Bill of Rights, the intended meaning and application of the Second Amendment drew less interest than it does in modern times.^ An updated Second Amendment is thus at least as much an individual right as the original one.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The fact is that more amendments have moved further along in the process in this Congress than at any point in modern history.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

^ They had them--although they were less reliable and less safe than modern pistols.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[3] .The vast majority of regulation was done by states, and the first case law on weapons regulation dealt with state interpretations of the Second Amendment.^ The first major case was Hurtado v.
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ The first question is what state interests, exactly, are protected by a "states' rights" interpretation of the Second Amendment.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ Few parts of the Bill of Rights have as many state analogues as does the Second Amendment.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

The notable exception to this general rule was Houston v. Moore, 18 U.S. 1 (1820), where the Supreme Court mentioned the Second Amendment in an aside, but Justice Story "misidentified" it as the "5th Amendment."[124]

U.S. Supreme Court

The primary U.S. Supreme Court Second Amendment cases include United States v. Cruikshank (1875), Presser v. Illinois (1886), Miller v. Texas (1894), Robertson v. Baldwin (1897), United States v. Miller (1939) and District of Columbia v. Heller (2008). .A key legal question is whether the Second Amendment is held to apply to state and local governments by way of the Fourteenth Amendment.^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ However, it has ruled that the Second Amendment is not incorporated into the Fourteenth Amendment, and so does not apply to the states.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ Well, here's one way to justify this position: The Second Amendment as written was meant to apply only to the federal government, and can only apply to the states via the Fourteenth Amendment.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

.Cruikshank and Presser predate the modern criteria by which it is determined whether a particular part of the Bill of Rights applies to state and local governments.^ Does the Second Amendment apply to state and local governments?
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ State Officers of the bill of rights."
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ Similarly, Senator Stewart repeated that the federal Constitution is "the vital, sovereign, and controlling part of the fundamental law of every State," and although the states may repeat parts of it in their own bills of rights, "no State can adopt anything in a State constitution in conflict."
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

Because Heller did not make such a determination, it remains an open question. McDonald v. .Chicago, currently before the Court, addresses this question.^ Department of Defense , [72] the Supreme Court addressed the question of what limitations are imposed on the National Guard under the militia clauses.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ (A current case before the Supreme Court involves the taking of private homes to sell to developers for major commercial development of the area.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

Dred Scott v. Sandford

In the case of Dred Scott v. Sandford, 60 U.S. 393 (1856), the Supreme Court's decision denying citizenship to former slaves and their descendants included the following relevant wording:
.
[I]n no part of the country except Maine did the African race, in point of fact, participate equally with the whites in the exercise of civil and political rights....More especially, it cannot be believed that the large slaveholding states regarded them as included in the word citizens, or would have consented to a Constitution which might compel them to receive them in that character from another state.^ So taxes on inheritances, which the Supreme Court held to be by permission of law contrary to the decisions of supreme courts of several States, may be graduated according to the size of the estate one receives upon the death of another, and the one inheriting a large estate cannot complain that the scale of rates applied in his case is higher than that used for a smaller inheritance.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]

^ Similarly, Senator Stewart repeated that the federal Constitution is "the vital, sovereign, and controlling part of the fundamental law of every State," and although the states may repeat parts of it in their own bills of rights, "no State can adopt anything in a State constitution in conflict."
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ This view, unlike the states' right view, is consistent with both the text of the Second Amendment and the interpretive approach taken with regard to the rest of the Constitution.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

.For if they were so received, and entitled to the privileges and immunities of citizens, it ....^ The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]
  • The United States Constitution 28 January 2010 0:49 UTC www.consource.org [Source type: Original source]

^ Bingham averred that the amendment would protect "the privileges and immunities of all the citizens of the Republic and the inborn rights of every person within its jurisdiction."
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ It declared that any person "who shall subject or cause to be subjected a citizen of the United States to the deprivation of any privilege or immunity in any State to which such citizen is entitled under the Constitution and laws of the United States" shall have an action for damages, and that such conduct would be a misdemeanor [16] (emphasis added).
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

would give to persons of the .Negro race, who were recognized as citizens in any one State of the Union, the right to ...^ One can imagine a Bill of Rights in a federal constitution securing a right of states; but the federal Bill of Rights wouldn't secure or assert rights of the federal government (as opposed to against the federal government), and a state Bill of Rights wouldn't secure or assert rights of the state government.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ "No discrimination shall be made by any state, nor by the United States, as to the civil rights of persons because of race, color, or previous condition of servitude."
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

keep and carry arms wherever they went.[125]
.The Court was referring here to the Privileges and Immunities Clause of the original unamended Constitution.^ The small superior figures preceding the paragraphs designate Clauses, and were not in the original and have no reference to footnotes.
  • U.S. Constitution and Amendments thereto 28 January 2010 0:49 UTC www.omnifarious.org [Source type: Original source]

^ This was held by the Supreme Court to mean, as the language imports, the privileges and immunities of National citizenship and not to include those belonging to the citizen of the State.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]

^ The privilege of a child to attend the public schools is one springing from the State and not the Nation, and therefore the child cannot assert a constitutional right to admission under this clause.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]

[126] This is to be distinguished from the Privileges or Immunities Clause, which was adopted as part of the Fourteenth Amendment in 1868.

United States v. Cruikshank

The Second Amendment attracted serious judicial attention with the Reconstruction era case of United States v. Cruikshank, 92 U.S. 542 (1875). .In Cruikshank, the defendants were white men who had killed more than sixty blacks known as the Colfax massacre and had been charged with conspiring to prevent blacks from exercising their right to bear arms.^ It certainly does not seem that the "right to keep and bear arms" was seen as absolute in the mid-1800s among legal experts and judges.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Little more can reasonably be aimed at with respect to the people at large than to have them properly armed and equipped....
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ They are explaining the right to keep and bear arms by placing it within the concept of securing the free state.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

.The Court dismissed the charges, holding that the Bill of Rights restricted Congress but not private individuals.^ Congress has already shown its desire and intention to uproot and destroy all such partial State legislation in the passage of what is called the civil rights bill....
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ Only discrimination by government is restricted - not discrimination by private groups or individuals.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ It has also protected the right of private groups to restrict membership.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

.The Court concluded, "[f]or their protection in its enjoyment, the people must look to the States."^ An 1842 case interpreted the state constitution narrowly, holding that it protected only the kind of people who might serve the militia, i.e.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Vermont courts have been especially strict in protecting individual arms rights when interpreting the state constitution.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ The Supreme Court upheld (1896) a State law requiring railway companies to provide separate accommodations for white and colored passengers; with equal accommodations equal protection was preserved.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]

.The Court stated that "[t]he Second Amendment…has no other effect than to restrict the powers of the national government…".^ Powers of the National Government, 66 .
  • CourseSmart - 0132410001 - Government by the People, National Version, Twenty Second Edition 28 January 2010 0:49 UTC www.coursesmart.com [Source type: Original source]

^ How Other Nations Govern, xiii .
  • CourseSmart - 0132410001 - Government by the People, National Version, Twenty Second Edition 28 January 2010 0:49 UTC www.coursesmart.com [Source type: Original source]

^ Does the Second Amendment apply to state and local governments?
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

Likewise, the Court held that there was no state action in this case, and therefore the Fourteenth Amendment was not applicable:
.
The fourteenth amendment prohibits a State from depriving any person of life, liberty, or property, without due process of law; but this adds nothing to the rights of one citizen as against another.^ Rights to Life, Liberty, and Property, 462 .
  • CourseSmart - 0132410001 - Government by the People, National Version, Twenty Second Edition 28 January 2010 0:49 UTC www.coursesmart.com [Source type: Original source]

^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ In the Fifth Amendment the Nation is forbidden 151 to deprive any one "of life, liberty or property without due process of law" ; and here the like command is issued by the people to the State.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]

[127]
.Thus, the Court held a federal anti-Ku-Klux-Klan statute to be unconstitutional as applied in that case.^ That is why, when we considered nominees for the Federal courts, we insisted on strict constructionists, people who held firmly to the framework of the Constitution.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

^ When the Supreme Court held in the 1793 case Chisholm v.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

^ But the Supreme Court repeated what it had held in an earlier case, that two thirds of the members present, assuming the presence of a quorum (majority), may propose an Amendment.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]

[128]
Regarding the Second Amendment and the incorporation doctrine, the Supreme Court, in District of Columbia v. Heller, said in 2008:
.
With respect to Cruikshank's continuing validity on incorporation, a question not presented by this case, we note that Cruikshank also said that the first amendment did not apply against the states and did not engage in the sort of Fourteenth Amendment inquiry required by our later cases.^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ The first involves the presentation of an amendment by Congress to the states for ratification.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

^ But the case did not answer the question of whether this right is “incorporated” in the Fourteenth Amendment and made applicable to states.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

Our later decisions in Presser v. .Illinois, 116 U.S. 252, 265 (1886) and Miller v.^ Illinois , 116 U.S. 252, 264-66 (1886).
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Illinois , 116 U.S. 252 (1886).
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

.Texas
, 153 U.S. 535, 538 (1894), reaffirmed that the Second Amendment applies only to the Federal Government.^ Second Amendment does not apply.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ Does the Second Amendment apply to state and local governments?
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ By its terms, the First Amendment applies only to the federal government.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

[129]
Regarding the assertion in Heller that Cruikshank said the First Amendment did not apply to the states, Professor David Rabban wrote that the Cruikshank Court "never specified whether the First Amendment contains 'fundamental rights' protected by the Fourteenth Amendment against state action....”[130]

Presser v. Illinois

In Presser v. .Illinois, 116 U.S. 252 (1886), Herman Presser headed a German-American paramilitary shooting organization and was arrested for leading a parade group of 400 men, training and drilling with military weapons with declared intention to fight, through the streets of Chicago as violation of Illinois law which prohibits the public drilling and parading in military style without a permit from the Governor.^ The paper details the 20 weapons law violations perpetrated by the Columbine murderers, and their gun suppliers.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ The transportation or importation into any State, Territory, or Possession of the United States for delivery therein of Intoxicating Liquors, in violation of the laws thereof, is hereby prohibited.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]

^ The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]
  • U.S. Constitution and Amendments thereto 28 January 2010 0:49 UTC www.omnifarious.org [Source type: Original source]

[131][132]
.At his trial, Presser argued that the state of Illinois had violated his Second Amendment rights.^ An updated Second Amendment is thus at least as much an individual right as the original one.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ In striking down the D.C. gun ban, the U.S. Supreme Court rules that the Second Amendment protects an individual right of all Americans.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ This view, unlike the states' right view, is consistent with both the text of the Second Amendment and the interpretive approach taken with regard to the rest of the Constitution.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

.In rejecting his case the Supreme Court reaffirmed Cruikshank, holding that the Second Amendment restricts only the authority of the Congress to maintain the public security.^ Academics for the Second Amendment brief in the Supreme Court.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ (Second Amendment case before the Fifth Circuit Court of Appeals.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ Thus, under a states' rights view, the authority of Congress to regulate the arming, discipline, or training of the state militia would be limited by the Second Amendment's purpose of maintaining state militias as an independent force that citizens correctly would identify as belonging to their state government, rather than as a federal institution.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

.This decision upheld the states authority to regulate the militia and that citizens had no right to create their own militias or to own weapons for semi-military purposes.^ Citizens brought their own weapons to the militias.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ If the purpose was to protect the authority of the states, Art.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Thus, under a states' rights view, the authority of Congress to regulate the arming, discipline, or training of the state militia would be limited by the Second Amendment's purpose of maintaining state militias as an independent force that citizens correctly would identify as belonging to their state government, rather than as a federal institution.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

[131]

Miller v. Texas

In Miller v. .Texas, 153 U.S. 535 (1894), Franklin Miller was convicted and sentenced to be executed for shooting a police officer to death using an unlicensed handgun, in violation of Texas law.^ The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
  • U.S. Constitution and Amendments thereto 28 January 2010 0:49 UTC www.omnifarious.org [Source type: Original source]

^ Unamused: I'd be happy with a constitutional right to own any weapon that an individual police officer or soldier can carry and use.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ However, a prosecutor can appeal for a harsher sentence of a convicted defendant - except when requesting the death sentence.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

Mr. Miller sought to have his conviction overturned, claiming his Second Amendment rights were violated and that the Bill of Rights should be incorporated to state law. The Supreme Court ruled in line with Presser and Cruikshank that the Second Amendment did not apply to state laws such as the Texas law for which Mr. Miller has been convicted.[133]

Robertson v. Baldwin

In Robertson v. .Baldwin, 165 U.S. 275 (1897), the Court stated that laws regulating concealed arms did not infringe upon the right to keep and bear arms, and thus were not a violation of the Second Amendment.^ What, then, is he protected in the right to keep and thus use?
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Do you support the Constitution, specifically the 2nd Amendment right to keep and bear arms?
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ The Second Amendment confers an individual right to bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

Specifically, the Supreme Court stated:
.
“The law is perfectly well settled that the first ten amendments to the Constitution, commonly known as the "Bill of Rights," were not intended to lay down any novel principles of government, but simply to embody certain guaranties and immunities which we had inherited from our English ancestors, and which had, from time immemorial, been subject to certain well recognized exceptions arising from the necessities of the case.^ As before the new bill recognized "the constitutional right to bear arms."
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ First, we hardly have too few constitutional amendments.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

^ The first ten amendments comprise the Bill of Rights.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

.In incorporating these principles into the fundamental law, there was no intention of disregarding the exceptions, which continued to be recognized as if they had been formally expressed.^ Notwithstanding this we know that State laws exist, and some of them of very recent enactment, in direct violation of these principles.
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ Representative Thayer stated that the proposed amendment "simply brings into the Constitution what is found in the bill of rights of every State," and that "it is but incorporating in the Constitution of the United States the principle of the civil rights bill which has lately become a law."
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

^ All these rights are established by the fundamental law.
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

.Thus, the freedom of speech and of the press (Art.^ Unamused: Richard Bellamy: State constitutions also specify things like freedom of speech and of the press.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Richard Bellamy ( mail ): State constitutions also specify things like freedom of speech and of the press.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

.I) does not permit the publication of libels, blasphemous or indecent articles, or other publications injurious to public morals or private reputation; the right of the people to keep and bear arms (Art.^ Doubt that the government is trying and will take away the right of the people to keep and bear arms.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Presser V. Illinois was not a ruling on the individual right to keep and bear arms.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ The right of the people to keep and bear arms shall not be infringed;...
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

.II) is not infringed by laws prohibiting the carrying of concealed weapons;..."^ What's the deal with conceal carry laws as it pertains to college campuses?
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ Campus Conceal Carry Laws.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ In truth, concealed carry permit holders are much more law-abiding than the Texas population as a whole.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

[134]

United States v. Miller

In United States v. Miller, 307 U.S. 174 (1939), the Supreme Court heard arguments from only the Solicitor General[135][136] and rejected a Second Amendment challenge to the National Firearms Act prohibiting the interstate transportation of unregistered Title II weapons:
.
Jack Miller and Frank Layton "did unlawfully...transport in interstate commerce from...Claremore...Oklahoma to...Siloam Springs...Arkansas a certain firearm...a double barrel...shotgun having a barrel less than 18 inches in length...at the time of so transporting said firearm in interstate commerce...not having registered said firearm as required by Section 1132d of Title 26, United States Code, ...and not having in their possession a stamp-affixed written order...as provided by Section 1132C..."^ Interstate commerce covers all movement of people and things across state lines, and every form of communication and transportation.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

^ The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The 3rd state , Ratified Constitution of the United States, 18 December 1787 .
  • Constitutions of the Several states 28 January 2010 0:49 UTC www.thegreenpapers.com [Source type: Original source]

[137]
A demurrer had been filed, which alleged:
.
The National Firearms Act is not a revenue measure but an attempt to usurp police power reserved to the States, and is therefore unconstitutional.^ The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
  • U.S. Constitution and Amendments thereto 28 January 2010 0:49 UTC www.omnifarious.org [Source type: Original source]

^ The establishment of a national bank - free of state taxation or regulation - was thus within the Necessary and Proper powers of the federal government.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ The Freedmen's Bureau Act of 1866 (surely not intended by Congress to preserve states' powers to maintain their own armed military forces!
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

Also, it offends the inhibition of the Second Amendment to the Constitution, U.S.C.A. - '.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 arms right provision in both states reads: "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 Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

^ Indiana : "The people shall have a right to bear arms, for the defense of themselves and the State."
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Rhode Island:   The right of the people to keep and bear arms shall not be infringed (1842).
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

[138]
.A federal district court, ruled Section 11 of the National Firearms Act of 1934 to be in violation of the Second Amendment's restriction forbidding such infringement and so it quashed the indictment.^ This restriction was rejected in U.S. Senate debate on the proposed federal Second Amendment.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Miller (1939), the defendant (who wasn't terribly sympathetic) wasn't even represented--the Solicitor General was doing a direct appeal from U.S. District Court, where the judge had ruled that the National Firearms Act of 1934 was a violation of the Second Amendment.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Even proponents of the National Firearms Act of 1934, which first regulated machine guns, recognized that there was a Second Amendment question if the federal government enacted a ban on private ownership.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

In a unanimous opinion, authored by Justice McReynolds, the Supreme Court reversed the District Court decision[139] stating that:
Considering Sonzinsky v. .United States (1937), 300 U. S. 506, 300 U. S. 513, and what was ruled in sundry causes arising under the Harrison Narcotic Act -- United States v.^ All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

^ Enabling Act (of the Congress of the United States) : 15 June 1836 [ 5 Stat.
  • Constitutions of the Several states 28 January 2010 0:49 UTC www.thegreenpapers.com [Source type: Original source]

^ To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; .
  • U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]

Jin Fuey Moy (1916), 241 U. S. 394, United States v. Doremus (1919), 249 U. S. 86, 249 U. S. 94; Linder v. United States (1925), 268 U. S. 5; Alston v. United States (1927), 274 U. S. 289; Nigro v. .United States (1928), 276 U. S. 332 -- the objection that the Act usurps police power reserved to the States is plainly untenable.^ The Governor argues that this interpretation of the Militia Clauses has the practical effect of nullifying an important state power that is expressly reserved in the Constitution.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ Enabling Act (of the Congress of the United States) : 15 June 1836 [ 5 Stat.
  • Constitutions of the Several states 28 January 2010 0:49 UTC www.thegreenpapers.com [Source type: Original source]

^ The power of the federal government was to be limited and enumerated, with all remaining powers reserved by the 10th Amendment to the States and to the people.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

[140]
The Court further explained:
.
In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to any preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument.^ Obama Against the Second Amendment : 2nd amendment - Right to Bear Arms : [...
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ The Second Amendment right to keep and bear arms, 2.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ Framer James Wilson, however, endorsed popular amendment, and the topic is examined at some length in Akhil Reed Amar's book, The Constitution: A Biography .
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

.Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense.^ I could see this reasoning extrapolated out to weapons of mass destruction, which a militia would not be expected to use against an invading force.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The military certainly has some pretty impressive weapon systems--and more importantly, a highly trained set of warriors--but that's not enough, for a couple of different reasons.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ It is also plausible to say that the Second Amendment was mainly concerned about firearms, rather than "anything that could possibly be used as a weapon", even in a military context.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[141]
.Miller is cited by gun-rights advocates, because they claim that the Court ruled that the Second Amendment protected the right to keep arms that are part of "ordinary military equipment."^ Presser V. Illinois was not a ruling on the individual right to keep and bear arms.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ The Second Amendment confers an individual right to bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Shouldn't courts read the Second Amendment as part of an evolving Constitution?
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[142] .It has also been cited by gun control advocates because they claim that the Court did not consider the question of whether the sawed-off shotgun in the case would be an applicable weapon for personal defense, instead looking solely at the weapon's suitability for the "common defense."^ Gun advocates never address this question.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Joyce has to function on a budget because it cannot give all of its money away even if gun control advocates ask for all of it.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ I have no problem with that nor do I have a problem with gun control on fully autmatic weapons since I don’t hunt with those.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[143] .Law professor Andrew McClurg states, "The only certainty about Miller is that it failed to give either side a clear-cut victory.^ The framers were very clear about their purpose-- to have an armed populace, because one was necessary to the security of a free state.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ What State Constitutions Teach about the Second Amendment , 29 Northern Kentucky Law Review 845 (2002).
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ He has also served as an Assistant Attorney General for the State of Colorado and as a Professor of Law at New York University School of Law.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

.Most modern scholars recognize this fact."^ The fact is, it is one of the great crimes of modern constitutional intrepretation that the courts have been unwilling to recognize the Second Amendment's clear protection of the right to bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[144]

District of Columbia v. Heller

.The Supreme Court, in a landmark decision, in District of Columbia v.^ Cuomo, the court noted that the Supreme Court’s ruling in District of Columbia v.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ That wouldn't be a direct curtailment of the Supreme Court's general power, but it would be a correction of that constitutional decision by the Supreme Court.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

Heller
, 128 S.Ct. .2783 (2008) ruled that "[t]he Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home" and "that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense."^ Presser V. Illinois was not a ruling on the individual right to keep and bear arms.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ The Second Amendment confers an individual right to bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Second Amendment does not apply.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

[145][146][147][148]
To clarify that its ruling does not invalidate a broad range of existing firearm laws, the Court said:[149]
.
Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.^ Idaho: The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ "The right to bear arms is guaranteed by the Constitution of the United States and the Colorado Constitution, subject to the valid exercise of police power"); (restrictions on firearms sale, possession, and carrying were too broad); (prohibition of firearm possession by lawful aliens is unconstitutional).
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Those who support our Second Amendment rights can make sure of that.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[150]
.The Court held that the amendment's prefatory clause serves to clarify the operative clause, but does not limit or expand the scope of the operative clause.^ What does this case teach us about the Second Amendment and the limits of presidential powers?
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ If there's any question as to what congres cannot do you can look at the explanatory clause to see what purpose the operative clause served.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The key questions now are whether, when, and to what extent the Second Amendment will be incorporated, i.e., held by the Supreme Court to protect citizens from infringements by state governments and their political subdivisions.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

The dissenting opinion, written by Justice Stevens, stated that:
.
The question presented by this case is not whether the Second Amendment protects a “collective right” or an “individual right.” Surely it protects a right that can be enforced by individuals.^ The Second Amendment confers an individual right to bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The first question is what state interests, exactly, are protected by a "states' rights" interpretation of the Second Amendment.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ The Arizona senator's questionable commitment to Second Amendment rights.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

.But a conclusion that the Second Amendment protects an individual right does not tell us anything about the scope of that right.^ The Second Amendment confers an individual right to bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Second Amendment does not apply.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ We don’t need no stinking Second Amendment to protect that right.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[151]
.This dissent called the Opinion of the Court "strained and unpersuasive" and said that the right to possess a firearm exists only in relation to the militia and that the D.C. laws constitute permissible regulation.^ All of these things were permissible means of regulating the militia AT THE TIME THE CONSTITUTION WAS ADOPTED. Now, you are still going to tell me that "well regulated" admits of no gun control?
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Nearly every RKBA activist I know agrees that laws prohibiting violent felons from owning guns are not only constitutional, but wise.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ In my opinion, the Supreme Court amends the Constitution quite frequently.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

.Justice Scalia, in the Opinion of the Court, called Justice Stevens' interpretation of the phrase "to keep and bear arms" incoherent and grotesque.^ Again, the phrase "keep and bear arms" is used for more than militia use.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ It certainly does not seem that the "right to keep and bear arms" was seen as absolute in the mid-1800s among legal experts and judges.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Do you support the Constitution, specifically the 2nd Amendment right to keep and bear arms?
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[152]
Justice Breyer, in his own dissent and speaking only for himself, stated:
.
I take as a starting point the following four propositions, based on our precedent and today’s opinions, to which I believe the entire Court subscribes: (1) The Amendment protects an “individual” right—i.e., one that is separately possessed, and may be separately enforced, by each person on whom it is conferred.^ The Second Amendment confers an individual right to bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The purpose of government was to protect the rights of individuals.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ An updated Second Amendment is thus at least as much an individual right as the original one.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[153]
Regarding the term "well regulated", the U.S. Supreme Court said in District of Columbia v. Heller:
.
[T]he adjective "well-regulated" implies nothing more than the imposition of proper discipline and training.^ In other words even if I bought your current definition of "well regulated" then the proper actors for such regulation would be the states.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Background checks and the definition of militia have nothing to do with the intent of the language 'well-regulated.'
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ There's nothing in that language that would indicate that anything goes, and indeed, the words "well regulated" indicate that anything did not go.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[154]
.Justice Scalia, writing for the court, quoted Spooner from The Unconstitutionality of Slavery as saying that the right to bear arms was necessary for those who wanted to take a stand against slavery.^ A right to keep and bear Arms means what it says.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Obama Against the Second Amendment : 2nd amendment - Right to Bear Arms : [...
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ It certainly does not seem that the "right to keep and bear arms" was seen as absolute in the mid-1800s among legal experts and judges.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[155]
The majority opinion in Heller also stated that:
.
A purposive qualifying phrase that contradicts the word or phrase it modifies is unknown this side of the looking glass (except, apparently, in some courses on Linguistics).^ Every member looks at every comma and every phrase and what's the meaning of each word.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

.If “bear arms” means, as we think, simply the carrying of arms, a modifier can limit the purpose of the carriage (“for the purpose of self-defense” or “to make war against the King”).^ Thus, one can bear arms "in defense.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Indiana : "The people shall have a right to bear arms, for the defense of themselves and the State."
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ The meaning of an individual right to bear arms under the Second Amendment would thus be fairly clear.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

.But if “bear arms” means, as the petitioners and the dissent think, the carrying of arms only for military purposes, one simply cannot add “for the purpose of killing game.” The right “to carry arms in the militia for the purpose of killing game” is worthy of the mad hatter.^ A right to keep and bear Arms means what it says.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ It certainly does not seem that the "right to keep and bear arms" was seen as absolute in the mid-1800s among legal experts and judges.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ We would not be America if there was no right to bear arms and over through a government that is not just.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[156]
The dissenting justices were unpersuaded by this argument.[157]

McDonald v. Chicago

.On September 30, 2009, the Supreme Court granted certiorari in, and so decided to review, McDonald v.^ Tax exemptions granted to religious groups on the same basis as to secular charitable and educational groups have been accepted by the Supreme Court - as have Sunday closing laws.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ Amendment scholarship, buying law reviews and establishing foundations with the express goal of duping the justices of the Supreme Court of the United States.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Whether or not that was rightly decided, the Supreme Court saw no distinction between the First Amendment's invocation of Congress and the other provisions.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

Chicago
. This case closely parallels NRA v. Chicago. .A central issue before the Court will be whether the Second Amendment applies to the states.^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ Second Amendment does not apply.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ Does the Second Amendment apply to state and local governments?
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

[158][159] Oral argument took place on March 2, 2010.[160]

Federal circuit court cases after Heller

.Since Heller, more than eighty other lawsuits challenging gun control laws under the Second Amendment have been decided in federal court.^ I don’t want to foreclose the possibility of the Government, Federal Government making the argument some day — but I think it is more than a little difficult to say that the one arm that’s not protected by the Second Amendment is that which is the standard issue armament for the National Guard, and that’s what the machine gun is… …I mean, the Court of Appeals also talked about lineal descendants.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ I have no problem with that nor do I have a problem with gun control on fully autmatic weapons since I don’t hunt with those.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ The Obama campaign has been very slippery with the facts about Obama’s past views on gun control and the Second Amendment.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[161][162] .Five federal lawsuits were filed by the National Rifle Association (NRA) requesting the Second Amendment be applied to state and local governments via the Fourteenth Amendment.^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ Well, here's one way to justify this position: The Second Amendment as written was meant to apply only to the federal government, and can only apply to the states via the Fourteenth Amendment.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Second Amendment does not apply.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

[163] .Four of these lawsuits were dropped following the repeal of the local gun restrictions at issue in those cases.^ Topics include the implications and background of the D.C. handgun ban case, the politics of the gun issue, the role of activists, and new research about gun bans in Africa.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ Those bitter townspeople in Pennsylvania better cling harder to their guns, according to these folks: .
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Even before the 1986 amendment, however, overly restrictive local gun laws were forbidden by the New Mexico constitution.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

[164] The fifth, NRA v. .Chicago, has been rejected by the United States Court of Appeals for the Seventh Circuit.^ Justice Joseph Story of the U.S. Supreme Court publishes "Commentaries on the Constitution of the United States", which shows only the first twelve amendments as adopted.
  • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 28 January 2010 0:49 UTC loveforlife.com.au [Source type: Original source]

^ Amendment scholarship, buying law reviews and establishing foundations with the express goal of duping the justices of the Supreme Court of the United States.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Filed in the 7th Circuit Court of Appeals, Feb.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

.A similar challenge was rejected by the United States Court of Appeals for the Second Circuit in Maloney v.^ (Second Amendment case before the Fifth Circuit Court of Appeals.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ Justice Joseph Story of the U.S. Supreme Court publishes "Commentaries on the Constitution of the United States", which shows only the first twelve amendments as adopted.
  • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 28 January 2010 0:49 UTC loveforlife.com.au [Source type: Original source]

^ The cited case was chosen because it was so close to the 1848 date and because it cites half a dozen other cases in state Supreme Courts that come to a similar rulings.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

Rice
. In Nordyke v. .King, the United States Court of Appeals for the Ninth Circuit, sitting en banc, has not yet ruled on whether the Second Amendment applies to state and local governments via the Fourteenth Amendment.^ This rule has been applied to state courts since the 1961 decision in Mapp v.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ Second Amendment does not apply.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

[165] .Cass Sunstein, stated in a Harvard Law Review article that, "[t]he [Supreme] Court will proceed cautiously, upholding most of the [firearms] laws now on the books and invalidating only the most draconian limitations.^ Harvard Law Review articles published — None 12.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Dilan Esper ( mail ) ( www ): Some day, I may write that law review article about this that I know I have inside me.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Ratified in 1795, it reverses a U.S. Supreme Court ruling that limited sovereign immunity to the federal government.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

It is very early, to be sure, but thus far, the lower courts are taking exactly this path."[166]
.On September 29, 2009, the Supreme Court discussed whether to review NRA v.^ NRA News interview on the Supreme Court steps, after oral argument in Heller .
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ The key questions now are whether, when, and to what extent the Second Amendment will be incorporated, i.e., held by the Supreme Court to protect citizens from infringements by state governments and their political subdivisions.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Amendment scholarship, buying law reviews and establishing foundations with the express goal of duping the justices of the Supreme Court of the United States.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

Chicago
.[167][168][169] The Court instead granted certiorari in, and so decided to review, McDonald v. Chicago, a case that closely parallels NRA v. Chicago.[170][171]
The following are post-Heller cases, along with summary notes:
  • United States v. .Dorosan - On June 30, 2008, the Fifth Circuit upheld 39 C.F.R. 232.1(l), which bans weapons on postal property, sustaining restrictions on guns outside the home, specifically in private vehicles parked in employee parking lots of government facilities, despite Second Amendment claims that were dismissed.^ (Second Amendment case before the Fifth Circuit Court of Appeals.
    • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

    ^ The Second Amendment is for individual gun owners.
    • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

    ^ In striking down the D.C. gun ban, the U.S. Supreme Court rules that the Second Amendment protects an individual right of all Americans.
    • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

    .The employee's Second Amendment rights were not infringed since the employee could have instead parked across the street in a public parking lot, instead of on government property.^ This view, unlike the states' right view, is consistent with both the text of the Second Amendment and the interpretive approach taken with regard to the rest of the Constitution.
    • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

    ^ The English religious roots of the Second Amendment right to resist tyranny.
    • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

    ^ Those who support our Second Amendment rights can make sure of that.
    • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

    [172][173]
  • United States v. .Lewis - On July 3, 2008, the Third Circuit upheld, against a Second Amendment challenge, a federal law prohibiting possession of firearms with obliterated serial numbers.^ Under the states' right theory, the existence of state militias of this kind would have to be protected against federal interference by the Second Amendment--even, as mentioned above, [81] to the extent of nullifying federal firearms laws.
    • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

    ^ Even proponents of the National Firearms Act of 1934, which first regulated machine guns, recognized that there was a Second Amendment question if the federal government enacted a ban on private ownership.
    • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

    ^ Second Amendment With The Help Of Barack Obama Posted on October 8, 2008 by wasteofmyoxygen Obama worked for 5 years trying to stop Americans from having the right to bear arms.
    • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

    [174]
  • United States v. .Walters - On July 15, 2008, the Third Circuit upheld, against a Second Amendment challenge, a federal law that prohibits possession of firearms within 1,000 feet of a school zone and so denied a request to dismiss an indictment of Rupert Walters.^ Abusive Lawsuits against the Second Amendment .
    • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

    ^ Under the states' right theory, the existence of state militias of this kind would have to be protected against federal interference by the Second Amendment--even, as mentioned above, [81] to the extent of nullifying federal firearms laws.
    • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

    ^ Even proponents of the National Firearms Act of 1934, which first regulated machine guns, recognized that there was a Second Amendment question if the federal government enacted a ban on private ownership.
    • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

    [175]
  • United States v. .Hall - On August 4, 2008, the Fourth Circuit upheld as constitutional the prohibition of possession of a concealed weapon without a permit.^ Such weapons normally (p.1752) cannot be possessed by individuals without running afoul of various federal firearms laws.
    • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

    ^ Out and out bans on ownership of weapons, such as the D.C. gun ban, or prohibition of the carrying of arms (e.g., some concealed-carry laws) are unconstitutional.
    • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

    ^ Someone, it is already illegal to own an automatic weapon without a special permit.
    • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

    [176]
  • United States v. Bledsoe - The Fifth Circuit is considering an appeal of an August 8, 2008 U.S. District Court decision in Texas, upholding 18 U.S.C. § 922(a)(6), which prohibits "straw purchases." A "straw purchase" occurs when someone eligible to purchase a firearm buys one for an ineligible person. Additionally, the court rejected the request for a strict scrutiny standard of review.[176]
  • United States v. .Booker - On August 11, 2008, the United States District Court for the District of Maine ruled prohibitions of firearm possession by persons previously convicted of misdemeanor crimes of domestic violence, under 18 U.S.C. § 922(g)(9), to be constitutional.^ The 3rd state , Ratified Constitution of the United States, 18 December 1787 .
    • Constitutions of the Several states 28 January 2010 0:49 UTC www.thegreenpapers.com [Source type: Original source]

    ^ Under the states' right view, this tax likely could not be applied to prohibit the purchase of fully automatic firearms by persons whom a state has licensed to possess them.
    • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

    ^ (An earlier Convention, convened under authority of the 1864 Enabling Act in August 1865, had drafted a State Constitution mooted by President Andrew Johnson's two vetoes of Colorado's Admission)] .
    • Constitutions of the Several states 28 January 2010 0:49 UTC www.thegreenpapers.com [Source type: Original source]

    .The court concluded: "...persons that have been convicted of a misdemeanor domestic violence must be added to the list of "felons and the mentally ill" against whom the "longstanding prohibitions on the possession of firearms" survive Second Amendment scrutiny."[161]
  • United States v Boffil-Rivera - On August 12, 2008, the Eleventh Circuit ruled the prohibition of possession of firearms by persons illegally or unlawfully in the United States, under 18 U.S.C. § 922(g)(5), to be constitutional.^ The 2nd state , Ratified Constitution of the United States, 12 December 1787 .
    • Constitutions of the Several states 28 January 2010 0:49 UTC www.thegreenpapers.com [Source type: Original source]

    ^ Shouldn't courts read the Second Amendment as part of an evolving Constitution?
    • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

    ^ The 3rd state , Ratified Constitution of the United States, 18 December 1787 .
    • Constitutions of the Several states 28 January 2010 0:49 UTC www.thegreenpapers.com [Source type: Original source]

    .The court stated: "Heller casts no shadow on the statute on a facial challenge..."[161]
  • United States v.^ "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
    • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

    ^ Justice Joseph Story of the U.S. Supreme Court publishes "Commentaries on the Constitution of the United States", which shows only the first twelve amendments as adopted.
    • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 28 January 2010 0:49 UTC loveforlife.com.au [Source type: Original source]

    ^ There is no record of the United States Secretary of State announcing the ratification to Congress.
    • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 28 January 2010 0:49 UTC loveforlife.com.au [Source type: Original source]

    .Artez
    - On August 29, 2008, the Tenth Circuit upheld the federal ban on possession of un-registered sawed-off shotguns.^ Tenth Circuit split on gun ban for misdemeanants .
    • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

    ^ But in general, especially at the federal level, no prior restraint based gun control (bans on possession, background checks, restrictions to possession, etc...
    • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

    ^ Significantly, the federal government has not banned private possession of full automatic weapons.
    • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

    [161]
  • United States v. Perkins - On September 23, 2008, the Eighth Circuit upheld 26 U.S.C. § 5841 which prohibits the receiving or possession of an unregistered firearm.[176]
  • United States v. .Heredia-Mendoza - On November 18, 2008, the Ninth Circuit upheld 18 U.S.C. § 924(c)(1)(A) which mandates stricter sentencing for use of a firearm during crimes of violence or drug trafficking.^ Abstract: "The Bureau of Alcohol, Tobacco and Firearms (BATF) sometimes traces the history of firearms used in crime.
    • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

    ^ In recent years, however, some persons have attempted to use BATF trace data to study gun violence and evaluate firearms policies.
    • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

    .The court rejected the defendant's claim of unconstitutionality because the law criminalized possession of gun for self defense in the home.^ This was a major repudiation of the gun control community’s anti self-defense agenda.” .
    • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

    ^ West Virginia and Wisconsin : The West Virginia provision, adopted in 1986, states: "A person has the right to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use."
    • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

    ^ It sees the right as an aspect of the natural-law right of self-defense, which was deemed to include the right to arms and which ("writ large") included the right of an armed populace to join together to resist tyranny.
    • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

    [176]
  • Maloney v. .Rice - On January 28, 2009, the Second Circuit ruled that the Second Amendment does not apply to state and local governments.^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
    • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

    ^ It does not apply to the states or to private parties.
    • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

    ^ Second Amendment does not apply.
    • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

    .Also, New York was ruled to have a "rational basis" for banning possession of nunchaku.^ Considering nunchucks are a favored weapon of choice with gang bangers in both New York and California where they are also banned, she was alo protecting the public interest.
    • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

    ^ Maybe there may be a Constitutional issue regarding the banning of nunchukas in the State of New York.
    • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

    ^ I found it interesting that “Maloney v Cuomo” was about possession of nunchuckas in the State of New York, where they are banned.
    • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

    [177][178] The appellants have filed a petition for a writ of certiorari to the Supreme Court.[168]
  • Nordyke v. .King - On July 29, 2009, the Ninth Circuit decided to vacate both parts of an April 20 ruling in this case and to rehear this case en banc on September 24, 2009.[165][179][180][181] That April 20 decision, by a three-judge panel of the Ninth Circuit, had ruled that the Second Amendment does apply to state and local governments, while also upholding an Alameda County, California ordinance which makes it a crime to bring, or possess, a gun or ammunition onto county property.^ This rule has been applied to state courts since the 1961 decision in Mapp v.
    • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

    ^ May 29, 2009 - 7:56 am 20.
    • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

    ^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
    • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

    [182][183] .After the en banc panel heard oral argument, the Ninth Circuit decided to delay ruling on the case until the Supreme Court decides if it will review any of three cases it has been asked to hear.^ In striking down the D.C. gun ban, the U.S. Supreme Court rules that the Second Amendment protects an individual right of all Americans.
    • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

    ^ The Supreme Court has ruled that religious student and non-student groups must be permitted to use school and other public facilities on the same basis as secular groups.
    • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

    ^ American Bar Association Preview of Supreme Court Cases , March 2003, pp.
    • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

    [184]
  • NRA v. .Chicago - On June 2, 2009, the Seventh Circuit ruled that the Second Amendment did not apply to state and local governments, because it was bound by 19th century Supreme Court decisions which ruled that the Second Amendment only applied to the federal government.^ This rule has been applied to state courts since the 1961 decision in Mapp v.
    • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

    ^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
    • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

    ^ The First Amendment bars only "state action" - actions by government or its agents.
    • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

    [185]

Early state court decisions

.Historians describe that the original interpretation of the Second Amendment was a "civic duty" interpretation, whereas the "individual rights" interpretation did not emerge until several decades after the Second Amendment was drafted, and was later followed by the "collective rights" interpretation.^ Framers [did think] of the Amendment as securing an individual right.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The Second Amendment confers an individual right to bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ I think this is perfectly consistent with any interpretation of the Second Amendment other than the "collective right" interpretation.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[99][57][133][114] .As the 19th century unfolded, two different models emerged from early state jurisprudence: one based on an individual rights view and the other on a collective rights view.^ This discussion raises another crucial difference between the states' right and individual right views.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ An updated Second Amendment is thus at least as much an individual right as the original one.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ You noted that 45 different States at one time or another have called for a constitutional convention—maybe not all for the same intent and purpose.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

[99]
.The first state court decision resulting from the "right to bear arms" issue was Bliss v.^ It certainly does not seem that the "right to keep and bear arms" was seen as absolute in the mid-1800s among legal experts and judges.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ We would not be America if there was no right to bear arms and over through a government that is not just.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Steph ( mail ): Dilas writes This is exactly right, but you don't seem to see that it is the millitia and not the arms that the state has a right to regulate.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

.Commonwealth
, which involved a provision of Kentucky’s state constitution that used language quite different from that of the Second Amendment, and that has since been amended to allow control of concealed weapons.^ In contrast, the states' right view points to the Militia Clause of the Second Amendment as evidence that the Amendment embodies Antifederalist opposition to the Militia Clauses of Article I. Thus, despite the general presumption that ordinarily differing provisions of the Constitution and/or its amendments ought to be harmonized whenever possible, the states' right view freights the Second Amendment with a presumption that it conflicts with, and therefore repeals, or at least modifies, some aspects of the original Constitution.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ It did not involve conceding any issue on which the Federalists and Antifederalists disagreed, i.e., the latter's opposition to specific provisions of the Constitution.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ You noted that 45 different States at one time or another have called for a constitutional convention—maybe not all for the same intent and purpose.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

[133][186][187] .The state court held that "the right of citizens to bear arms in defense of themselves and the state must be preserved entire, ..."^ It certainly does not seem that the "right to keep and bear arms" was seen as absolute in the mid-1800s among legal experts and judges.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ We would not be America if there was no right to bear arms and over through a government that is not just.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ The right to bear arms means little when bullets are illegal.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[188] Many years later, the United States Court of Appeals for the Fifth Circuit would cite Bliss in the case of United States v. Emerson:
.
there are numerous instances of the phrase 'bear arms' being used to describe a civilian's carrying of arms.^ I point to the very existence of the phrase as intrinsic to the Framers' desire for individuals to have access to, own, and bear arms; inherent to this desire was the assurance and stipulation that these individuals be allowed, whether through individual use or training, a level of competence in the use of arms and their maintenance.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ So personally I'd be alright with saying that only arms capable of being operated by an individual for use discrimnatly against another individual are protected under the 2nd amendment.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ And, before someone attempts it, being 'trained' in the use and maintenance of the arms was not the intended "end" vis a vis trained in their use but stored or kept by the government.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

.Early constitutional provisions or declarations of rights in at least some ten different states speak of the right of the 'people' [or 'citizen' or 'citizens'] "to bear arms in defense of themselves [or 'himself'] and the state,' or equivalent words, thus indisputably reflecting that under common usage 'bear arms' was in no sense restricted to bearing arms in military service.^ Indiana : "The people shall have a right to bear arms, for the defense of themselves and the State."
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Alabama : The Alabama Constitution, adopted in 1819, guarantees "[t]hat every citizen has a right to bear arms in defense of himself and the state.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Some current federal laws would have to be declared unconstitutional, at least in the many states that have a strong state constitutional right to bear arms or statutes that are less restrictive than federal law.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

See Bliss v. Commonwealth, 13 Am. Dec. 251, 12 Ky. 90 (Ky. 1822).[189]
.In contrast to the Bliss decision, a concurring opinion in the 1842 Arkansas Supreme Court case of State v.^ Except for the lone concurring opinion from State v.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ We should hope that no 2nd Amendment case gets to the Supreme Court any time soon, or wave it goodbye.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ This rule has been applied to state courts since the 1961 decision in Mapp v.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

.Buzzard
said that the Second Amendment of the federal Constitution did not guarantee a right of individuals to possess firearms; however, according to gun rights advocate David Kopel[190] that concurring opinion in Buzzard expressed a view that was unusual in the nineteenth century.^ Framers [did think] of the Amendment as securing an individual right.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The Second Amendment confers an individual right to bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The Second Amendment doesn't guarantee the right to have firearms at all....
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

[191]
.Joel Prentiss Bishop’s influential Commentaries on the Law of Statutory Crimes (1873) took Buzzard's militia-based interpretation, a view that Bishop characterized as the “Arkansas doctrine", as the orthodox view of the right to bear arms in American law.^ It certainly does not seem that the "right to keep and bear arms" was seen as absolute in the mid-1800s among legal experts and judges.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ This view, unlike the states' right view, is consistent with both the text of the Second Amendment and the interpretive approach taken with regard to the rest of the Constitution.
  • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

^ We would not be America if there was no right to bear arms and over through a government that is not just.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

[192][193]
.Political scientist Earl Kruschke has categorized both Bliss and Buzzard as being “cases illustrating the individual view.”[194] Professor Eugene Volokh revealed, in the California Political Review, that a statement in a concurring opinion in Buzzard was the only support for a collective right view of the right to keep and bear arms in the 19th century.^ Do you support the Constitution, specifically the 2nd Amendment right to keep and bear arms?
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Presser V. Illinois was not a ruling on the individual right to keep and bear arms.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ The Second Amendment confers an individual right to bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[195]
.In Nunn v State of Georgia, 1 Kelly 243 (1846), the Georgia Supreme Court stated that any federal or state law prohibiting the right to bear arms openly of any person, in the smallest degree, was in conflict with the Constitution and therefore void.^ State and federal law were recognized as supreme within their spheres of action.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States.” -Noah Webster, An Examination into the Leading Principles of the federal Constitution (1787) in Pamphlets to the Constitution of the United States (P. Ford, 1888).
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Only someone schooled in law can so pevert and prostitute the language in such a fasion as to take a couple of sentences and reverse the meaning of the content 10.27.2005 12:39pm ( link ) Jake ( mail ): In 1846, the SCOT of Georgia ruled that a law that forbade the carrying of concealed weapons was consistent with the US Constitution in Nunn vs. The State of Georgia : We are of the opinion, then, that so far as the act of 1837 seeks to suppress the practice of carrying certain weapons secretly, that it is valid, inasmuch as it does not deprive the citizen of his natural right of self-defence, or of his constitutional right to keep and bear arms.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

The Georgia Supreme Court also stated:
.
Nor is the right involved in this discussion less comprehensive or valuable: "The right of the people to bear arms shall not be infringed."^ The right of the people to keep and bear…arms shall not be infringed.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ We would not be America if there was no right to bear arms and over through a government that is not just.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ The right to bear arms means little when bullets are illegal.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

.The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State.^ We have to take it as a given that a well-regulated militia is necessary to the security of a free state, because that's what the text says.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ They are explaining the right to keep and bear arms by placing it within the concept of securing the free state.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Secondly, the right to keep and bear arms was not limited to the context of militia duty.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

.Our opinion is, that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right, originally belonging to our forefathers, trampled under foot by Charles I. and his two wicked sons and successors, reestablished by the revolution of 1688, conveyed to this land of liberty by the colonists, and finally incorporated conspicuously in our own Magna Charta!
We are of the opinion, then, that so far as the act of 1837 seeks to suppress the practice of carrying certain weapons secretly, that it is valid, inasmuch as it does not deprive the citizen of his natural right of self-defence, or of his constitutional right to keep and bear arms.^ The right of the people to keep and bear…arms shall not be infringed.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Tennessee : The original 1796 constitution provided: "That the freemen of this State have a right to keep and bear arms for their common defence."
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ Second Amendment guarantees the right of people to keep and bear arms, as does the Georgia Constitution).
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

.But that so much of it, as contains a prohibition against bearing arms openly, is in conflict with the Constitution, and void.^ But that so much of it, as contains a prohibition against bearing arms openly, is in conflict with the Constitution, and void; and that, as the defendant has been indicted and convicted for carrying a pistol, without charging that it was done in a concealed manner, under that portion of the statute which entirely forbids its use, the judgment of the court below must be reversed, and the proceeding quashed.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Do you support the Constitution, specifically the 2nd Amendment right to keep and bear arms?
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ It would seem to me that Maryland has as strong a protection for the Right to Keep and Bear Arms as the US Constitution provides against the national government and had that protection a year earlier than the 14th Amendment was passed.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[196]
.Nunn had also alleged that the state law barring concealed carry, had violated the Second Amendment.^ Cuomo that the protections of the Second Amendment do not apply to the states, and that if your city or state wants to ban all guns, then they have the right to disarm you.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Heller said that the Second Amendment provides an “individual” right – not just a right of states to arm militias.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ Commonwealth (1822) struck down a ban on concealed carry because it contradicted the state's RKBA clause.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

Concerning that, the Georgia Supreme Court had said:
.
The preamble which was prefixed to these amendments shows, that they originated in the fear that the powers of the general government were not sufficiently limited.^ It does not confer new powers upon the States; it simply restores to the States the ability to initiate the amendment process which fear of a runaway convention has rendered virtually ineffective.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

^ Unlike the 1st Amendment, it doesn't limit its application to one level of government.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ It looks to me like the Framers knew how to distinguish between limitations on the power of the federal government and generic "rights of the people" against any government.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

.Several of the States in their act of ratification recommended that further restrictive clauses should be added...But...does it follow that because the people refused to delegate to the general government the power to take from them the right to keep and bear arms, that they designed to rest it in State governments?^ They are explaining the right to keep and bear arms by placing it within the concept of securing the free state.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Presser V. Illinois was not a ruling on the individual right to keep and bear arms.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ The right of the people to keep and bear arms shall not be infringed;...
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

.Is it not an inalienable right, which lies at the bottom of every free government?^ We are Constitutionally free "from" government authority pursuant to these rights.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ The true Jeffersonian spirit of the Declaration of Independence—the spirit that a free people have the right to alter or amend their government when they see fit—lives in this amendment.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

^ But if someone in an urban area wants to own an Uzi and take it to the range every once in a while, that’s his right as a free man.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

.We do not believe that, because the people withheld this arbitrary power of disfranchisement from Congress, they ever intended to confer it on the local legislatures.^ Because I think that's what they intended.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

^ I believe that you and all the Members of Congress have sufficient faith in the people of the United States to put them and their freedom first.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

^ You appear to be the person who has forgotten the very quote you give — because it is the _basis_ on which people believe that the 2nd Amendment is the most important!
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

This right is too dear to be confided to a republican legislature.[197]
.With the Civil War and the abolition of slavery, the question of the rights of former slaves to bear arms came to the attention of the country.^ It certainly does not seem that the "right to keep and bear arms" was seen as absolute in the mid-1800s among legal experts and judges.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ The right to bear arms means little when bullets are illegal.
  • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ They are explaining the right to keep and bear arms by placing it within the concept of securing the free state.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[198] .Akhil Reed Amar noted, in the Yale Law Journal,[199] the common law basis for the Bill of Rights, which includes the Second Amendment, "following John Randolph Tucker's famous oral argument in the 1887 Chicago anarchist Haymarket riot case, Spies v.^ Is there a historical basis for the argument that the Second Amendment alone has a preamble?
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Framer James Wilson, however, endorsed popular amendment, and the topic is examined at some length in Akhil Reed Amar's book, The Constitution: A Biography .
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ An updated Second Amendment is thus at least as much an individual right as the original one.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

Illinois
":
Though originally the first ten Amendments were adopted as limitations on Federal power, yet in so far as they secure and recognize fundamental rights—common law rights—of the man, they make them privileges and immunities of the man as citizen of the United States…[200]
.Another point of disagreement concerns the point at which regulation or prohibition of firearms constitutes infringement.^ It thus does not prohibit state and local regulation of firearms.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

[201][202] .All federal courts, including the Supreme Court, have found that reasonable firearm regulation is allowable.^ In striking down the D.C. gun ban, the U.S. Supreme Court rules that the Second Amendment protects an individual right of all Americans.
  • Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]

^ Ratified in 1795, it reverses a U.S. Supreme Court ruling that limited sovereign immunity to the federal government.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ The Supreme Court ultimately permitted the federal government to greatly expand its powers of economic regulation at the expense of state government and private prerogatives only to have the federal government provide a disastrous example of why command economic systems must fail.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

[203]
.In 1905, the Kansas Supreme Court in Salina v.^ All of the precedents cited by the Kansas Supreme Court upheld particular gun controls, while treating the right to arms as an individual right.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ In 1979, Kansas s courts abandoned the 1905 interpretation.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

^ The Kansas approach to interpreting the Second Amendment was created in dicta from a 1905 Kansas Supreme Court decision, City of Salina v.
  • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

.Blaksley
[204] made a collective right judicial interpretation.^ I think this is perfectly consistent with any interpretation of the Second Amendment other than the "collective right" interpretation.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ There's no way that can be interpreted as a "collective" right.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

[205] .The Kansas high court declared: "That the provision in question applies only to the right to bear arms as a member of the state militia, or some other military organization provided for by law, is also apparent from the second amendment to the federal Constitution, which says: '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.'"^ We have to take it as a given that a well-regulated militia is necessary to the security of a free state, because that's what the text says.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ Do you support the Constitution, specifically the 2nd Amendment right to keep and bear arms?
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

^ They are explaining the right to keep and bear arms by placing it within the concept of securing the free state.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

.In the Congress, the debate on the Fourteenth Amendment also concentrated on what the Southern States were doing to harm the newly freed slaves.^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]

^ In other words, amendments that would have the support of at least a third of the Members of Congress and would have been ratified by three-quarters of the States.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

^ One third of either House can prevent Congress from proposing a constitutional amendment to the states for ratification.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]

One particular concern was the disarming of former slaves.[206]

See also

References

  1. ^ "Amendment 2 - Bearing Arms," Constitution of the United States, Analysis and Interpretation: 2002 Edition, Congressional Research Service.
  2. ^ a b "There is probably less agreement, more misinformation, and less understanding of the right to keep and bear arms than any other current controversial constitutional issue." Statement from the American Bar Association in "National Coalition to Ban Handguns Statement on the Second Amendment", quoted by Cottrol, Robert. Gun Control and the Constitution: Sources and Explorations on the Second Amendment, page 286 (Taylor & Francis 1994).
  3. ^ a b Cornell, Saul (2006). A Well-Regulatad Militia — The Founding Fathers and the Origins of Gun Control in America. New York, New York: Oxford University Press. p. 6. ISBN 978-0-19-514786-5. http://books.google.com/books?id=NTgawc0e9gkC&dq=The+Founding+Fathers+and+the+Origins+of+Gun+Control+in+America&printsec=frontcover&source=bl&ots=vBcwVRmvpF&sig=OMG1cju-QBMVUSUhYFV2nEzkdKI&hl=en&ei=VvQaStvQNOCJtgf9pPDaDA&sa=X&oi=book_result&ct=result&resnum=1. "Neither of the two modern theories that have defined public debate over the right to bear arms is faithful to the original understanding of this provision of the Bill of Rights." 
  4. ^ Davies, Ross. “Which is the Constitution”, Green Bag 2d, Vol. 11, No 2, pp. 209-216 (Winter 2008).
  5. ^ In Part II-A of the Opinion of the Court in District of Columbia v. Heller, the Supreme Court cited this version of the amendment.
  6. ^ Cornell University Law School. Bill of Rights, United States Constitution.
  7. ^ Cottrol, Robert J. (2003). "Part I Guns in American Culture". Focus on Law Studies (American Bar Association) XVIII (2). http://www.abanet.org/publiced/focus/spring_03.pdf. Retrieved 01-08-08. 
  8. ^ Breen, T. H. (1972). "English Origins and New World Development: The Case of the Covenanted Militia in Seventeenth-Century Massachusetts". Past & Present 57 (1): 74–96. doi:10.1093/past/57.1.74. http://past.oxfordjournals.org/cgi/content/citation/57/1/74#search=%22Lindsay%20Boynton%2C%20The%20Elizabethan%20Militia%22. 
  9. ^ Boynton, Lindsay Oliver J. (1971). The Elizabethan Militia 1558–1638. David & Charles. ISBN 0-7153-5244-X. OCLC 8605166. 
  10. ^ Oxford English Dictionary, Second Edition, 1989
  11. ^ Uviller, H. Richard.; Merkel, William G. (2002). The Militia and the Right to Arms, Or, How the Second Amendment Fell Silent. Durham, NC: Duke University Press. pp. 23, 194. ISBN 0822330172. http://books.google.com/books?id=pOacGnRKGEoC&printsec=frontcover&dq=%22The+Militia+and+the+Right+to+Arms,+Or,+How+the+Second+Amendment+Fell+Silent%22&ei=qsAVSq2tH6KuzAS99oGjCw. 
  12. ^ Pepper, John; Petrie, Carol; Wellford, Charles F. (2005). Firearms and violence. A critical review. Washington, DC: National Academies Press. pp. 290. ISBN 0309091241. http://www.nap.edu/openbook.php?isbn=0309091241. 
  13. ^ a b Wills, Garry (1995). "To Keep and Bear Arms". New York Review of Books 42 (14): 62. ISSN 00287504. http://www.nybooks.com/articles/article-preview?article_id=1805. 
  14. ^ Levy, Leonard W. (1999). Origins of the Bill of Rights. New Haven, CT: Yale University Press. pp. 136–137. ISBN 0300078021. http://books.google.com/books?id=qFMG7G2opeEC&printsec=frontcover&dq=Origin+of+the+Bill+of+Rights&ei=C8QVSujOFoGuyAT1s92CBA. 
  15. ^ "The history of policing in the West, Collective responsibility in early Anglo-Saxon times", Encyclopedia Britannica online.
  16. ^ Avalon Project, Yale Law School, English Bill of Rights, 1689, "An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown"
  17. ^ Guns in American Society, Vol 2 Gregg Lee Carter, Editor, page 602, ISBN 1576072681, ISBN 978-1576072684
  18. ^ a b Malcolm, Joyce Lee (1996). To Keep and Bear Arms: The Origins of an Anglo-American Right. Cambridge: Harvard University Press. ISBN 0-674-89307-7. 
  19. ^ a b c DeConde, Alexander (2001). Gun violence in America: the struggle for control. Boston: Northeastern University Press. pp. 13,14. ISBN 1-55553-486-4. 
  20. ^ Schwoerer, Lois G. (1981). The Declaration of Rights, 1689. Baltimore: Johns Hopkins University Press. pp. 74–78. ISBN 0-8018-2430-3. 
  21. ^ Blackstone, William. Commentaries on the Laws of England. pp. 136.  quoted in Bodenhamer, David et al. The Bill of Rights in Modern America, page 91 (Indiana University Press, 2008).
  22. ^ Tucker, St. George. Blackstone's Commentaries, 1:App. 300 in The Founders’ Constitution (Philip B. Kurland and Ralph Lerner, eds.)
  23. ^ a b Hardy, David. “Book Review: A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America”, William and Mary Bill of Rights Journal, Vol. 15, p. 1237 (2007). Abstract: “Professor Saul Cornell's recent book, A Well-Regulated Militia, represents the latest addition to the ongoing debate over the nature of the Second Amendment and the American right to arms. Early Americans wrote of the right in light of three considerations: (1) as auxiliary to a natural right of self-defense; (2) as enabling an armed people to deter undemocratic government; and (3) as enabling the people to organize a militia system.”
  24. ^ Malcolm, Joyce Lee. “Book Review: That Every Man Be Armed,” 54 George Washington Law Review 452, 455 (1986): “The Second Amendment reflects traditional English attitudes toward these three distinct, but intertwined, issues: the right of the individual to protect his life, the challenge to government of an armed citizenry, and the preference for a militia over a standing army. The framers' attempt to address all three in a single declarative sentence has contributed mightily to the subsequent confusion over the proper interpretation of the Second Amendment.”
  25. ^ Levy, Leonard Williams (1999). Origins of the Bill of Rights. New Haven, Conn: Yale University Press. pp. 136. ISBN 0-300-08901-5. http://books.google.com/books?id=qFMG7G2opeEC&lpg=PA136&ots=LG_qh0VcL-&dq=Origins%20of%20the%20Bill%20of%20Rights%20%22police%20force%22&pg=PA136. 
  26. ^ Cornell, Saul (2006). A well-regulated militia: the founding fathers and the origins of gun control in America. Oxford [Oxfordshire]: Oxford University Press. pp. 23. ISBN 0-19-514786-3. "...the right to bear arms was articulated as a civic right inextricably linked to the civic obligation to bear arms for the public defense" 
  27. ^ Spitzer, Robert J. (2001). The right to bear arms: rights and liberties under the law. Santa Barbara, Calif: ABC-CLIO. pp. 155–159. ISBN 1-57607-347-5. 
  28. ^ Dulaney, W. Marvin (1996). Black police in America. Bloomington: Indiana University Press. pp. 2. ISBN 0-253-21040-2. 
  29. ^ Carl Bogus, J.D., "The Hidden History of the Second Amendment", 31. U.C. Davis L. Rev. 309, 359-74 (1998). Synopsis viewable online here.
  30. ^ "VPC - May 98 Press Release". http://www.vpc.org/press/9805bog.htm. Retrieved July 29, 2009. 
  31. ^ a b Bogus, Carl T. (2001). The Second Amendment in Law and History: Historians and Constitutional Scholars on the Right to Bear Arms. New York: The New Press. pp. 67–69, 239-240. ISBN 1-56584-699-0. 
  32. ^ Merkel, William G.; Uviller, H. Richard (2002). The militia and the right to arms, or, How the second amendment fell silent. Durham, N.C: Duke University Press. pp. 62, 179 ff, 183, 188 ff, 306. ISBN 0-8223-3017-2. 
  33. ^ Cornell, Saul. A Well-Regulated Militia, p. 2 (Oxford University Press US 2006). Via Google Books. Retrieved (May 13, 2009)
  34. ^ DeConde, Alexander (2001). Gun violence in America: the struggle for control. Boston: University Press of New England. pp. 27. ISBN 1-55553-486-4. 
  35. ^ a b c d "Boston, March 17". New York Journal, Supplement: 1, Col.3. April 13, 1769.  quoted in Halbrook, Stephen (1989). A Right to Bear Arms: State and Federal Bills of Rights and Constitutional Guarantees. Greenwood Publishing Group. p. 7. http://books.google.com/books?id=Fyn9B9zwAjEC&dq=%22A+Right+to+Bear+Arms:+State+and+Federal%22&printsec=frontcover&source=in&hl=en&ei=QigfSveLNdiLtgfbsu3sAw&sa=X&oi=book_result&ct=result&resnum=11#PPR3,M1.  Also quoted in Hardy, David. “Book Review: A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America”, William and Mary Bill of Rights Journal, Vol. 15, p. 1237 (2007)
  36. ^ Anderson, Casey; Horwitz, Joshua (2009). Guns, Democracy, and the Insurrectionist Idea. Ann Arbor, Mich: University of Michigan Press. pp. 91–92. ISBN 0-472-03370-0. http://books.google.com/books?id=9qDIamIBC90C&lpg=PP1&dq=%22Guns%2C%20Democracy%2C%20and%20the%20Insurrectionist%20Idea%22&pg=PT102. 
  37. ^ Vest, Rose. "Shay's Rebellion", Home of Heroes
  38. ^ Pole, J. R.; Greene, Jack P. (2003). A Companion to the American Revolution (Blackwell Companions to American History). Cambridge, MA: Blackwell Publishers. pp. 386. ISBN 1-4051-1674-9. 
  39. ^ Vile, John R. (2005). The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding (2 Volume Set). Santa Barbara, Calif: ABC-CLIO. pp. 30. ISBN 1-85109-669-8. 
  40. ^ Merkel, William G.; Uviller, H. Richard (2002). The militia and the right to arms, or, How the second amendment fell silent. Durham, N.C: Duke University Press. pp. 79. ISBN 0-8223-3017-2. 
  41. ^ Wills, Garry (1999). A Necessary Evil, A History of American Distrust of Government. New York, NY: Simon & Schuster. ISBN 0-6848-4489-3. http://books.google.com/books?id=ovVpDxB-M90C&pg=PA4&lpg=PA4&dq=%22Necessary+Evil:+A+History+of+American+Distrust+of+Government%22&source=bl&ots=RrJ0uVIHo_&sig=0oME_jsV7aozqZWPIJgugDgHVWU&hl=en&ei=ICYbSr3xDKOstgf3xND5DA&sa=X&oi=book_result&ct=result&resnum=3. 
  42. ^ McAffee, Thomas B.; Quinlan, Michael J. (March 1997). "Bringing Forward the Right to Keep and Bear Arms: Do Text, History, or Precedent Stand in the Way?". North Carolina Law Review: 781. http://www.saf.org/LawReviews/McAffeeAndQuinlan1.html. 
  43. ^ Rakove, Jack. "The Second Amendment the Highest Stage of Originalism," Chicago-Kent Law Review 76 (2000)
  44. ^ a b Millis, Walter. Arms and Men, p. 49 (Rutgers University Press 1981): "The founders sought to balance military, as they did political, power, between people, states, and nation...."
  45. ^ a b Hamilton, Alexander. Federalist No. 29, "Concerning the Militia"
  46. ^ "Carl T. Bogus: Do we place our faith in law or guns?". http://www.projo.com/opinion/contributors/content/CT_bogus4_12-04-07_RJ80MH6_v7.2a87d62.html. Retrieved 2009-07-29. "The interpretation of the Second Amendment is about more than the government’s authority to regulate guns. It involves whether we choose to place our ultimate faith in constitutional structure or in guns. The insurrectionist view has been present throughout American history, but until relatively recently it has primarily been popular with vigilantes and paramilitary groups. But this view is now being taken up by libertarians who worship the individual and are hostile to government. — leaving behind a faith in ordered liberty that has long been embraced by both traditional conservatives and liberals..." 
  47. ^ Henigan, Denis. “Arms, Anarchy, and the Second Amendment,” 26 Val. L. Rev. 107 (1991): “a generalized constitutional right of all citizens to engage in armed insurrection against their government…. would threaten the rule of law itself.”
  48. ^ Reynolds, Glenn. “A Critical Guide to the Second Amendment,” 62 Tennessee Law Review 461 (1995).
  49. ^ Letter from John Adams to Abigail Adams, 22 December 1793
  50. ^ Cooke, Edward Francis (2002). A detailed analysis of the Constitution. Lanham, Md: Rowman & Littlefield Publishers. pp. 100. ISBN 0-7425-2238-5. http://books.google.com/books?id=Fj7yNY9aRcAC&pg=PA25&lpg=PA25&dq=%22A+detailed+analysis+of+the+Constitution%22+Cooke&source=bl&ots=qUPjhB-Gl6&sig=8yIowGVTmylcno9jn5RLqSyVNpo&hl=en&ei=GAEbSrHXIKHItgeU-YD_DA&sa=X&oi=book_result&ct=result&resnum=1. "This is another protection against a possible abuse by Congress. The right protected is really the right of a state to maintain an armed militia, or national guard, as we call it now. In the eighteenth century people feared that Congress might, by passing a law, prohibit the states from arming their citizens. Then having all the armed strength at its command, the national government could overwhelm the states. Such a circumstance has never happened, but this amendment would prevent it. The Second Amendment does not give anybody or everybody the right to possess and use firearms. The states may very properly prescribe regulations and permits governing the use of guns within their borders." 
  51. ^ Mulloy, D. American Extremism, page 43 (Routledge 2004).
  52. ^ Smith, Douglas. “The Second Amendment and the Supreme Court,” 6 Georgetown Journal of Law & Public Policy 591, 600 (2008).
  53. ^ Cress, Lawrence. “An Armed Community: The Origins and Meaning of the Right to Bear Arms,” page 31, in Gun control and the Constitution, page 283 (Robert Cottrol ed., Garland 1994).
  54. ^ {{cite book|author=Madison, James; Hamilton, Alexander; Jay, John; Kramnick, Isaac|title=The federalist papers|publisher=Penguin|location=Harmondsworth [Eng.]|year=1987|page=118|isbn=0-14-044495-5|accessdate=quote="A firm Union will be of the utmost moment to the peace and liberty of the States, as a barrier against domestic faction and insurrection."
  55. ^ Vile, John R.. The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding (2 Volume Set). ABC-CLIO. pp. 19. ISBN 978-1-85109-669-5. 
  56. ^ Schmidt, Steffen W.; Bardes, Barbara A.; Shelley, Mack C. (2008). American Government and Politics Today: The Essentials. Belmont, CA: Wadsworth Publishing. p. 39. ISBN 0-495-57170-9. http://books.google.com/books?id=6ubh-K1gBooC&pg=PT71&dq=%22the+result+of+the+meeting+was+a+petition+to+the+Continental+Congress+for+a+general+convention+to+meet+in+Philadelphia+in+May+1787%22. Retrieved 11-6-09. 
  57. ^ a b c Williams, David H. (2003). The mythic meanings of the Second Amendment: taming political violence in a constitutional republic. New Haven, Conn: Yale University Press. pp. 41–44. ISBN 0-300-09562-7. 
  58. ^ Madison, James. The Federalist No. 46 (at Wikisource)
  59. ^ Webster, Noah. “An Examination of the Leading Principles of the Federal Constitution” (October 10, 1787)
  60. ^ Young, David E. (2001). The Origin of the Second Amendment: A Documentary History of the Bill of Rights 1787-1792 (2nd Ed. ed.). Golden Oak Books. pp. 38–41. ISBN 0-9623664-3-9. "A Citizen of America (Noah Webster) October 10, 1787 Pamphlet: An Examination into the leading principles of the Federal Constitution" 
  61. ^ Annals of Congress, House of Representatives, 1st Congress, 1st Session: pp. 451
  62. ^ Journal of the House of Representatives of the United States, Vol. 1: p. 64
  63. ^ Annals of Congress, House of Representatives, 1st Congress, 1st Session: pp. 669
  64. ^ Annals of Congress, House of Representatives, 1st Congress, 1st Session: p. 778
  65. ^ Journal of the Senate of the United States of America, Vol. 1: p. 63
  66. ^ Letter from Roger Sherman to Simeon Baldwin (Aug. 22, 1789) reprinted in 16 Documentary History of the First Federal Congress 1375 (Charlene Bickford, Kenneth R. Bowling, Helen E. Veit and William Charles DiGiacomantonio, eds., 2004). Also see letter from James Madison to Alexander White (Aug. 24, 1789) in The Writings of James Madison : 1787-1790, pp. 418-419 (G.P. Putnam's Sons, 1904).
  67. ^ Journal of the Senate of the United States of America, Vol. 1: p. 71
  68. ^ Journal of the Senate of the United States of America, Vol. 1: p. 77
  69. ^ Journal of the House of Representatives of the United States, Vol. 1: p. 305
  70. ^ a b c DeConde, Alexander (2001). Gun violence in America: the struggle for control. Boston: University Press of New England. pp. 53. ISBN 1-55553-486-4. 
  71. ^ Tatalovich, Raymond / Daynes, Byron W. Moral Controversies in American Politics M.E. Sharpe, 2005. Pg. 169. ISBN 0765614200, 9780765614209
  72. ^ Merkel, William G.; Uviller, H. Richard (2002). The militia and the right to arms, or, How the second amendment fell silent. Durham, N.C: Duke University Press. pp. 293–294. ISBN 0-8223-3017-2. 
  73. ^ a b Merkel, William G.; Uviller, H. Richard (2002). The militia and the right to arms, or, How the second amendment fell silent. Durham, N.C: Duke University Press. pp. 12. ISBN 0-8223-3017-2. 
  74. ^ Szatmary, David P. (1980). Shays' Rebellion: the making of an agrarian insurrection. Amherst: University of Massachusetts Press. pp. 107. ISBN 0-87023-295-9. 
  75. ^ DeConde, Alexander (2001). Gun violence in America: the struggle for control. Boston: University Press of New England. pp. 40–43. ISBN 1-55553-486-4. 
  76. ^ a b c St. George Tucker Commentary
  77. ^ For two radically different views of Blackstone on the Second Amendment, see Heyman, Chicago-Kent, and Volokh, Senate Testimony.
  78. ^ a b Story, Joseph (1833). Commentaries on the U.S. Constitution. pp. §1890. http://books.google.com/books?id=Fh1tI1WhG-UC&pg=PA265&dq=%22natural+defence+of+a+free+country+against+sudden+foreign+invasions%22&ei=vt8VSofxIJviygSLoa3iCQ#PPA265,M1. 
  79. ^ Spooner, Lysander. "An Essay on the Trial by Jury" (1852).
  80. ^ Renehan, Edward J. (1997). The Secret Six: The True Tale of the Men Who Conspired With John Brown. Columbia, S.C.: University of South Carolina Press. pp. 172–174. ISBN 1-57003-181-9. 
  81. ^ Spooner, Lysander. "An Essay on the Trial by Jury" (1852): This right of resistance is recognized by the constitution of the United States, as a strictly legal and constitutional right. It is so recognized, first by the provision that “the trial of all crimes, except in cases of impeachment, shall be by jury” --- that is, by the country --- and not by the government; secondly, by the provision that “the right of the people to keep and bear arms shall not be infringed.” This constitutional security for “the right to keep and bear arms, implies the right to use themes much as a constitutional security for the right to buy and keep food would have implied the right to eat it. The constitution, therefore, takes it for granted that the people will judge of the conduct of the government, and that, as they have the right, they will also have the sense, to use arms, whenever the necessity of the xxxcab justifies it. And it is a sufficient and legal defence for a person accused of using arms against the government, if he can show, to the satisfaction of a jury, or even any one of a jury, that the law he resisted was an unjust one.
  82. ^ Merkel, William G.; Uviller, H. Richard (2002). The militia and the right to arms, or, How the second amendment fell silent. Durham, N.C: Duke University Press. pp. 150. ISBN 0-8223-3017-2. 
  83. ^ Volokh, Eugene.The Commonplace Second Amendment, UCLA Law School, 1998. "The Second Amendment is widely seen as quite unusual, because it has a justification clause as well as an operative clause. Professor Volokh points out that this structure was actually quite commonplace in American constitutions of the Framing era: State Bills of Rights contained justification clauses for many of the rights they secured."
  84. ^ "“Brief for Professors of Linguistics and English…In Support of Petitioners”, District of Columbia v. Heller". American Bar Association. http://www.abanet.org/publiced/preview/briefs/pdfs/07-08/07-290_PetitionerAmCu3LinguisticsEnglishProfsnew.pdf. 
  85. ^ Bodenhamer, David J. / Ely, James W. The Bill of Rights in Modern AmericaIndiana University Press, 2008. Page 89. ISBN 0253219914, 9780253219916
  86. ^ Merkel, William G.; Uviller, H. Richard (2002). The Militia and the Right to Arms, or, How the Second Amendment Fell Silent. Durham, N.C: Duke University Press. pp. 150. ISBN 0-8223-3031-8. http://books.google.com/books?id=pOacGnRKGEoC&printsec=frontcover&dq=%22The+Militia+and+the+Right+to+Arms,+Or,+How+the+Second+Amendment+Fell+Silent%22&ei=qsAVSq2tH6KuzAS99oGjCw. "The linguistically correct reading of this unique construction is as though it said: 'Congress shall not limit the right of the people (that is, the potential members of the state militia) to acquire and keep the sort of arms appropriate to their military duty, so long as the following statement remains true: "an armed, trained, and controlled militia is the best - if not the only - way to protect the state government and the liberties of its people against uprisings from within and incursions or oppression from without.'" 
  87. ^ Winterer, Caroline (2002). The Culture of Classicism: Ancient Greece and Rome in American Intellectual Life, 1780-1910. Baltimore: Johns Hopkins University Press. p. 1–21. http://books.google.com/books?id=oFwU-XJzfWMC&dq=%22The+Culture+of+Classicism:+Ancient+Greece+and+Rome+in+American+Intellectual+Life%22&printsec=frontcover&source=bl&ots=q6kiUzAGLB&sig=8BtIPs1ERD0Z3tOZ8lANV13jmrw&hl=en&ei=vxwbStn5KqLhtgfVsIjgDA&sa=X&oi=book_result&ct=result&resnum=1. 
  88. ^ Amicus Brief, ACRU, Case No. 03-CV-0213-EGS, Shelly Parker, et al. vs. District of Columbia, p. 14
  89. ^ Bodenhamer, David J. / Ely, James W. The Bill of Rights in Modern AmericaIndiana University Press, 2008. Page 89. ISBN 0253219914, 9780253219916
  90. ^ Frey, Raymond and Wellman, Christopher (2003). A companion to applied ethics. Cambridge, MA: Blackwell Pub. pp. 194. ISBN 1-55786-594-9. http://books.google.com/books?id=MKjAMt2NFwQC&printsec=frontcover&dq=A+companion+to+applied+ethics&ei=VVYbSs_sHYLszATHmNX7DQ. 
  91. ^ Shapiro, Ilya (2008). Cato Supreme Court Review 2007-2008. Washington, D.C: Cato Institute. pp. 148. ISBN 1-933995-17-3. http://books.google.com/books?id=7dfS7aDb4tIC&printsec=frontcover&dq=%22Cato+Supreme+Court+Review+2007-2008%22&ei=LFcbSuaqIKP2yASBs5y4CQ. 
  92. ^ Volokh, Eugene (1998). "The Commonplace Second Amendment". New York University Law Review 73 (3): 793. ISSN 00287881. http://www.law.ucla.edu/volokh/common.htm. "The Second Amendment is widely seen as quite unusual, because it has a justification clause as well as an operative clause. Professor Volokh points out that this structure was actually quite commonplace in American constitutions of the Framing era: State Bills of Rights contained justification clauses for many of the rights they secured.". 
  93. ^ Cato Institute. Cato handbook for Congress: policy recommendations for the 108th Congress Cato Institute, 2003. Page 180-1. ISBN 1930865392, 9781930865396
  94. ^ Crooker, Constance Emerson. Gun control and gun rights. Greenwood Publishing Group, 2003. Page 55. ISBN 0313321744, 9780313321740
  95. ^ Cato Institute. Cato handbook for Congress: policy recommendations for the 108th Congress Cato Institute, 2003. Page 180. ISBN 1930865392, 9781930865396
  96. ^ Ely, James W.; Bodenhamer, David J. (2008). The Bill of Rights in modern America. Bloomington: Indiana University Press. pp. Chapter 5, especially page 86. ISBN 0-253-35159-6. http://books.google.com/books?id=YBKAvosk_lcC&pg=PP1&dq=%22The+Bill+of+Rights+in+modern+America%22&ei=wVEbSuOYB4r0ygSJ9uGlBA. 
  97. ^ "The Second Amendment Under Fire: The Uses of History and the Politics of Gun Control - Saul Cornell". http://historymatters.gmu.edu/d/5200. 
  98. ^ Cornell, Saul (2006). A Well-Regulated Militia — The Founding Fathers and the Origins of Gun Control in America. New York, New York: Oxford University Press. p. 2. ISBN 978-0-19-514786-5. http://books.google.com/books?id=NTgawc0e9gkC&dq=The+Founding+Fathers+and+the+Origins+of+Gun+Control+in+America&printsec=frontcover&source=bl&ots=vBcwVRmvpF&sig=OMG1cju-QBMVUSUhYFV2nEzkdKI&hl=en&ei=VvQaStvQNOCJtgf9pPDaDA&sa=X&oi=book_result&ct=result&resnum=1. 
  99. ^ a b c Cornell, Saul (2006). A Well-Regulated Militia — The Founding Fathers and the Origins of Gun Control in America. New York, New York: Oxford University Press. p. 7. ISBN 978-0-19-514786-5. http://books.google.com/books?id=NTgawc0e9gkC&dq=The+Founding+Fathers+and+the+Origins+of+Gun+Control+in+America&printsec=frontcover&source=bl&ots=vBcwVRmvpF&sig=OMG1cju-QBMVUSUhYFV2nEzkdKI&hl=en&ei=VvQaStvQNOCJtgf9pPDaDA&sa=X&oi=book_result&ct=result&resnum=1. "The individual rights and collective rights theories were products of later struggles in American history. Individual rights theory was born in the Jacksonian era as a response to America's first efforts at gun control. Collective rights theory emerged slowly at the end of Reconstruction and only crystallized in its modern form in the early twentieth century. The one theory absent from current debate over the Second Amendment is the original civic interpretation. The virtual extinction of the conception was not inevitable but was a product of a long and complex history." 
  100. ^ Konig, David Thomas (22.1 (2004)). "The Second Amendment: A Missing Transatlantic Context for the Historical Meaning of "the Right of the People to Keep and Bear Arms"". Law and History Review. http://www.historycooperative.org/journals/lhr/22.1/forum_konig.html. "The protection being sought, this shared transatlantic discourse reveals to us, lay in the maintenance of well-regulated militias consisting of able-bodied men bearing their own arms for that purpose. Indeed, to serve in the militia and participate in this civic duty was more than a duty: it was a civic right of a peculiarly eighteenth-century nature unlike either the "individual" or "collective" models argued for today." 
  101. ^ "Few subjects in American jurisprudence have produced as much work by legal scholars, so little of which is of use to practicing attorneys, as the Second Amendment to the U.S. Constitution." from "A Lawyer's Guide to the Second Amendment" by Steven H. Gunn, Brigham Young University Law Review, 1998
  102. ^ Tushnet, Mark V. (2007). Out of range: why the Constitution can't end the battle over guns. Oxford [Oxfordshire]: Oxford University Press. pp. xv. ISBN 0-19-530424-1. http://books.google.com/books?id=81aeiboJfbkC&pg=PR15&dq=Tushnet+%2B+%22blowing+smoke%22#PPR16,M1. "As with many constitutional provisions, there's no definitive answer to what the Second Amendment means." 
  103. ^ Halbrook, Stephen P. (1994). That Every Man Be Armed: The Evolution of a Constitutional Right (Independent Studies in Political Economy). Oakland, CA: The Independent Institute. pp. 8. ISBN 0-945999-38-0. 
  104. ^ Schmidt, Christopher (February 2007). "An International Human Right to Keep and Bear Arms". William & Mary Bill of Rights Journal (Williamsburg, Virginia: The College of William & Mary School of Law) 15 (3): 983. 
  105. ^ "arm, n.2 4.c." The Oxford English Dictionary. 2nd ed. 1989. OED Online. Oxford University Press. 1 July 2009
  106. ^ Spitzer, Robert J. (2001). The right to bear arms: rights and liberties under the law. Santa Barbara, Calif: ABC-CLIO. pp. 6–7. ISBN 1-57607-347-5. 
  107. ^ University of Michigan. V99 No.2-3 pg 619 (2000). Michigan Law Review. Ann Arbor, Mich: University of Michigan, Dept. of Law.[1]
  108. ^ Wills, Garry (2002). A Necessary Evil: A History of American Distrust of Government. New York: Simon & Schuster. pp. 257. ISBN 0-684-87026-6. http://http://books.google.com/books?id=ovVpDxB-M90C&printsec=frontcover&dq=A+Necessary+Evil:+A+History+of+American+Distrust+of+Government+By+Garry+Wills#v=onepage&q=&f=false. 
  109. ^ Wills, Garry (1999). A Necessary Evil pp. 256–257. New York, NY. Simon & Schuster.
  110. ^ Kates, Jr., Don B. (November 1983). "Handgun Prohibition and the Original Meaning of the Second Amendment". Michigan Law Review (The Michigan Law Review Association) 82 (2): 204–273. "In unmistakable individual right terms: As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the next article in their right to keep and bear their private arms (emphasis in original).". 
  111. ^ Blodgett-Ford, Sayoko (Fall 1995). "The Changing Meaning of the Right to Bear Arms". Seton Hall Constitutional Law Journal: 101.
  112. ^ "Historian's DC v. Heller amicus brief". http://www.gurapossessky.com/news/parker/documents/07-290tsajackn.rakove.pdf. Retrieved 2009-10-13. 
  113. ^ a b Cornell, Saul (2006). A well-regulated militia: the founding fathers and the origins of gun control in America. Oxford [Oxfordshire]: Oxford University Press. pp. 213. ISBN 0-19-514786-3. 
  114. ^ a b Merkel, William G.; Uviller, H. Richard (2002). The militia and the right to arms, or, How the second amendment fell silent. Durham, N.C: Duke University Press. pp. 83. ISBN 0-8223-3017-2. http://books.google.com/books?ei=nSLdSo28C5v-lASs4c2QAQ&q=this+minority+report+turns+out+to+be+no+more+than+the+collected+ramblings+of+a+single+embittered+eccentric&btnG=Search+Books. Retrieved 10-19-2009. "this "minority report" turns out to be no more than the collected ramblings of a single embittered eccentric who departed the convention in disgust" 
  115. ^ Wills, Garry (1999). A Necessary Evil: A History of American Distrust of Government. New York: Simon & Schuster. pp. 253. ISBN 0-684-84489-3. 
  116. ^ Jack N. Rakove, The Second Amendment: The Highest Stage of Originalism, 76 CHI.-KENT L. REV. 103 (2000)
  117. ^ Garry Wills (2002) A Necessary Evil: A History of American Distrust of Government, p253ff.
  118. ^ a b Uviller, H. Richard. & Merkel, William G.: The Militia and the Right to Arms, Or, How the second Amendment Fell Silent, pp 23, 194. Duke University Press. ISBN 0-8223-3017-2
  119. ^ Pepper, John; Petrie, Carol; Wellford, Charles F.: Firearms and violence, Page 290. National Academies Press, 2004. ISBN 0309091241
  120. ^ a b Cramer, Clayton E.; Olson, Joseph (2008). "What Did "Bear Arms" Mean in the Second Amendment?". Georgetown Journal of Law & Public Policy 6 (2). http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1086176. 
  121. ^ Tushnet, Mark V. Out of range: why the Constitution can't end the battle over guns Oxford University Press US, 2007. Page 7-8. ISBN 0195304241, 9780195304244
  122. ^ As noted by the U.S. Supreme Court in District of Columbia v. Heller, "[T]he adjective 'well-regulated' implies nothing more than the imposition of proper discipline and training." Heller, Opinion of the Court, Part II-A-2
  123. ^ Cornell, Saul (2000). Whose Right to Bear Arms Did the Second Amendment Protect? (Historians at Work). Bedford-St. Martin's. ISBN 978-0312240608. 
  124. ^ Several public officials, including James Madison and Supreme Court Justice Joseph Story, retained the confusing practice of referring to each of the ten amendments in the Bill of Rights by the enumeration found in the first draft; had Justice Story followed this practice, he would have described the Second Amendment as the Fourth, but in this case he simply stated the number incorrectly
  125. ^ Dred Scott, at p. 416
  126. ^ Kerrigan, Robert (June 2006) (PDF). The Second Amendment and related Fourteenth Amendment. http://secondamendment.and.fourteenth.googlepages.com. 
  127. ^ Cruikshank, at p. 554
  128. ^ Doherty, Brian (2008). Gun Control on Trial: Inside the Supreme Court Battle Over the Second Amendment. Washington, D.C.: Cato Institute. pp. 14. ISBN 1-933995-25-4. http://books.google.com/books?id=otH3onCr37IC&pg=PP1&dq=%22Gun+Control+on+Trial:+Inside+the+Supreme+Court+Battle+Over+the+Second+Amendment%22&ei=jlcbStbDMpD6zQSM7YmDCw. 
  129. ^ Heller, Opinion of the Court, fn. 23
  130. ^ Rabban, David. Free speech in its forgotten years, page 148 (Cambridge University Press 1999)
  131. ^ a b DeConde, Alexander (2001). Gun violence in America: the struggle for control. Boston: Northeastern University Press. pp. 92,93. ISBN 1-55553-486-4. 
  132. ^ "The Lehr und Wehr Verein", New York Times, 20 July 1886, p.5
  133. ^ a b c DeConde, Alexander (2001). Gun violence in America: the struggle for control. Boston: Northeastern University Press. pp. 96. ISBN 1-55553-486-4. 
  134. ^ Robertson, at p. 281
  135. ^ Lund, Nelson. "Heller and Second Amendment Precedent". Lewis & Clark Law Review, Forthcoming. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1235537. "...neither the court below nor the defendants offered the Supreme Court any reasons in support of the challenged judgment, and the Justices heard arguments only from the government.". 
  136. ^ "U.S. Supreme Court United States v. Miller, 307 U.S. 174, 175 (1939)". http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=307&page=175. Retrieved 2008-01-05. ""No appearance for appellees."" 
  137. ^ Miller, at p. 175
  138. ^ Miller, at p. 176
  139. ^ Miller, at p. 182
  140. ^ Miller, at pp. 177-8
  141. ^ Miller, at p. 178
  142. ^ Howard J. Fezell. "The misconstruction of United States v. Miller". http://www.secondamendment.net/2amd4.html. Retrieved 2009-01-05. 
  143. ^ Legal Action Project of the Brady Center to Prevent Gun Violence. "Mangling Miller: How the Parker Opinion Distorted and Defied Supreme Court Precedent". http://www.gunlawsuits.org/defend/second/fantasy/pdf/parker-opinion-critique1.pdf. Retrieved 2009-01-06. 
  144. ^ McClurg, Andrew. "'Lotts' More Guns and Other Fallacies Infecting the Gun Control Debate", Journal of Firearms & Public Policy, volume 11, page 139 (1999): "But when all is said and done, the only certainty about Miller is that it failed to give either side a clear-cut victory. Most modern scholars recognize this fact. For example, Professor Eugene Volokh describes Miller as 'deliciously and usefully ambiguous' in an article about using the Second Amendment as a teaching tool in constitutional law. That is probably the most accurate statement that can be made about the case."
  145. ^ Mauro, Tony (2008-06-27). "Supreme Court Strikes Down D.C. Gun Ban". http://www.law.com/jsp/article.jsp?id=1202422582170. Retrieved 2009-01-05. "In a historic 5-4 decision... the landmark ruling..." 
  146. ^ Biskupic, Joan and Johnson, Kevin (2008-06-27). "Landmark ruling fires challenges to gun laws". USA Today. http://www.usatoday.com/news/washington/2008-06-26-scotus-guns_N.htm. Retrieved 2009-01-05. 
  147. ^ Vicini, James (2008-06-26). "Americans have right to guns under landmark ruling". Reuters. http://www.reuters.com/articlePrint?articleId=USWBT00928420080626. Retrieved 2009-01-05. 
  148. ^ Greenhouse, Linda (2008-06-27). "Justices, Ruling 5-4, Endorse Personal Right to Own Gun". The New York Times. http://www.nytimes.com/2008/06/27/washington/27scotus.html?ei=5124&en=21e70d4578db66b2&ex=1372305600&partner=permalink&exprod=permalink&pagewanted=all. Retrieved 2009-01-05. "The landmark ruling..." 
  149. ^ Robert A. Sedler (June 30, 2008). "Ruling upholds most gun control laws". The Detroit News. http://m.detnews.com/detail.jsp?key=279156&full=1. Retrieved 2009-08-20. 
  150. ^ Heller, Opinion of the Court, Part III
  151. ^ Heller, Justice Stevens dissenting
  152. ^ Heller, Opinion of the Court, Part II-A-1-b. "Giving 'bear Arms' its idiomatic meaning would cause the protected right to consist of the right to be a soldier or to wage war—an absurdity that no commentator has ever endorsed. See L. Levy, Origins of the Bill of Rights 135 (1999). Worse still, the phrase 'keep and bear Arms' would be incoherent. The word 'Arms' would have two different meanings at once: 'weapons' (as the object of 'keep') and (as the object of 'bear') one-half of an idiom. It would be rather like saying 'He filled and kicked the bucket' to mean 'He filled the bucket and died.' Grotesque."
  153. ^ Heller, Justice Breyer dissenting
  154. ^ Heller, Opinion of the Court, Part II-A-2
  155. ^ Heller, Opinion of the Court, Part II-D-1
  156. ^ District of Columbia v. Heller, 128 S.Ct. 2783 (2008)
  157. ^ "Justices Rule for Individual Gun Rights - NYTimes.com". http://www.nytimes.com/2008/06/27/washington/27scotuscnd.html?_r=1&pagewanted=all. ""...a dramatic upheaval in the law, Justice Stevens said in a dissent"" 
  158. ^ Joan Biskupic, "Court case will test extent of gun rights", USA Today, September 30, 2009
  159. ^ Robert Barnes, "Justices to Decide if State Gun Laws Violate Rights: Court, Which Reversed D.C. Ban, Will Look to Local Level in 2nd Amendment Case", Washington Post, October 1, 2009
  160. ^ Miller, Erin (March 2, 2010). "Podcasts: McDonald v. City of Chicago". SCOTUSblog. http://www.scotusblog.com/2010/03/podcasts-mcdonald-v-city-of-chicago/. Retrieved 2 March 2010. 
  161. ^ a b c d Winkler, Adam. "Heller's Catch 22" (March 13, 2009) pg14. UCLA Law Review, Vol. 56, June 2009; UCLA School of Law Research Paper No. 09-10.
  162. ^ liptak, Adam. "Few Ripples From Supreme Court Ruling on Guns". New York Times. http://www.nytimes.com/2009/03/17/us/17bar.html?_r=1. Retrieved 2009-03-26. 
  163. ^ "Links to new gun rights lawsuits | SCOTUSblog". http://www.scotusblog.com/wp/links-to-new-gun-rights-lawsuits/print/. Retrieved 2009-02-02. 
  164. ^ Keen, Judy (2008-09-10). "High court ruling triggers gun ban repeals, NRA suits". USA Today. http://www.usatoday.com/news/nation/2008-09-10-gunsbans_N.htm. Retrieved 2009-01-31. 
  165. ^ a b Volokh, Eugene (July 29, 2009). "Ninth Circuit Will Rehear Nordyke v. King En Banc". The Volokh Conspiracy. http://volokh.com/posts/1248906855.shtml. Retrieved 2009-07-30. 
  166. ^ Sunstein, Cass (November 2008). "Comment: Second Amendment Minimalism: Heller as Griswold". Harvard Law Review (Harvard Law School) 122: 272. http://www.harvardlawreview.org/issues/122/nov08/sunstein.shtml. Retrieved 2009-02-20. 
  167. ^ Denniston, Lyle (June 4, 2009). "UPDATE: NRA 2d Amendment plea filed". SCOTUSblog. http://www.scotusblog.com/wp/nra-asks-court-to-expand-2d-amendment/. Retrieved 2009-06-05. 
  168. ^ a b Denniston, Lyle (June 26, 2009). "Sotomayor 2d Am. case now at Court". SCOTUSblog. http://www.scotusblog.com/wp/sotomayor-2d-am-case-now-at-court/. Retrieved 2009-06-28. 
  169. ^ Denniston, Lyle (August 21, 2009). "Second Amendment cases up early". SCOTUSblog. http://www.scotusblog.com/wp/second-amendment-cases-up-early/. Retrieved 2009-08-23. 
  170. ^ Joan Biskupic, "Court case will test extent of gun rights", USA Today, September 30, 2009
  171. ^ Robert Barnes, "Justices to Decide if State Gun Laws Violate Rights: Court, Which Reversed D.C. Ban, Will Look to Local Level in 2nd Amendment Case", Washington Post, October 1, 2009
  172. ^ Weisselberg, Charles D. (2009). "Selected Criminal Law Cases in the Supreme Court's 2007-2008 Term, and a Look Ahead". Court Review 44: 99–100. 
  173. ^ United States v. Dorosan (E.D La. No. 08-042, June 30, 2008)
  174. ^ "United States v. Lewis (District Court of the Virgin Islands 2008)". http://www.vid.uscourts.gov/dcopinion/08cr0021_united_states_et_al_v_lewis_et_al_order_20080703084008.pdf. Retrieved 2009-02-06. 
  175. ^ "United States v. Walters (District Court of the Virgin Islands 2008)". http://www.vid.uscourts.gov/dcopinion/08cr0031_united_states_et_al_v_walters_order_20080715100550.pdf. Retrieved 2009-02-06. 
  176. ^ a b c d Winkler, Adam, "Heller's Catch 22" (March 13, 2009) pg15. UCLA Law Review, Vol. 56, June 2009; UCLA School of Law Research Paper No. 09-10.
  177. ^ Maloney v. Cuomo (2nd Cir. 2009) subsequently re-named "Maloney v. Rice".
  178. ^ Denniston, Lyle. "Analysis: Guns, “chukas,” and the states", SCOTUSblog (April 22, 2009)
  179. ^ McCullagh, Declan (August 25, 2009). "High-Profile Gun Rights Case Inches Toward Supreme Court". CBS News. http://www.cbsnews.com/blogs/2009/08/25/taking_liberties/entry5263569.shtml. Retrieved 2009-08-25. 
  180. ^ Schwartz, John (July 30, 2009). "Appeals Court Sets Rehearing on Ruling That Eased Gun Restrictions". NYTimes.com. http://www.nytimes.com/2009/07/31/us/31guns.html. Retrieved 2009-08-17. 
  181. ^ Dennison, Lyle (July 30, 2009). "Second Amendment: Less chance of review?". SCOTUSblog. http://www.scotusblog.com/wp/second-amendment-less-chance-of-review/. Retrieved 2009-07-31. 
  182. ^ Nordyke v. King (9th Cir. 2009)
  183. ^ Denniston, Lyle (April 20, 2009). "Second Amendment extended". SCOTUSblog. http://www.scotusblog.com/wp/second-amendment-extended. Retrieved 2009-04-20. 
  184. ^ Denniston, Lyle (September 25, 2009). "9th CA: Gun case on hold". SCOTUSblog. http://www.scotusblog.com/wp/9th-ca-gun-case-on-hold/. Retrieved 2009-09-25. 
  185. ^ Denniston, Lyle (June 2, 2009). "New 2d Amendment case on the way". SCOTUSblog. http://www.scotusblog.com/wp/new-2d-amendment-case-on-the-way/. Retrieved 2009-06-02. 
  186. ^ Uviller, H. et al. The militia and the Right to Arms, or, How the Second Amendment Fell Silent, page 28 (Duke University Press, 2002).
  187. ^ Doherty, Brian. Gun Control on Trial, page 12 (Cato Institute 2009).
  188. ^ Pierce, Darell R. (1982). "Second Amendment Survey". Northern Kentucky Law Review Second Amendment Symposium: Rights in Conflict in the 1980's 10 (1). http://www.saf.org/LawReviews/Pierce1.html. "The first state court decision resulting from the 'right to bear arms' issue was Bliss v. Commonwealth. The court held that 'the right of citizens to bear arms in defense of themselves and the State must be preserved entire, ...' This holding was unique because it stated that the right to bear arms is absolute and unqualified. In contrast to this, all states currently regulate the possession and use of firearms to some extent.". 
  189. ^ United States v. Emerson (Fifth Cir. 2001).
  190. ^ "Analysts: Gun Control a Non-Issue in 2004". http://www.foxnews.com/story/0,2933,99939,00.html. Retrieved 2009-06-06. 
  191. ^ Kopel, David. "City of Salina v. Blaksley (1905)" in Guns in American Society, pages 113-114 (Gregg Lee Carter editor, ABC-CLIO, 2002).
  192. ^ State v. Buzzard, 4 Ark. (2 Pike) 18 .
  193. ^ Cornell, Saul (2006). A Well-Regulated Militia – The Founding Fathers and the Origins of Gun Control in America. New York, New York: Oxford University Press. pp. 188. ISBN 978-0-19-514786-5. http://books.google.com/books?id=NTgawc0e9gkC&dq=The+Founding+Fathers+and+the+Origins+of+Gun+Control+in+America&printsec=frontcover&source=bl&ots=vBcwVRmvpF&sig=OMG1cju-QBMVUSUhYFV2nEzkdKI&hl=en&ei=VvQaStvQNOCJtgf9pPDaDA&sa=X&oi=book_result&ct=result&resnum=1. "”Dillon endorsed Bishop's view that Buzzard's “Arkansas doctrine,” not the libertarian views exhibited in Bliss, captured the dominant strain of American legal thinking on this question.”" 
  194. ^ Kruschke, Earl R. (1995). Gun control: a reference handbook. Santa Barbara, Calif: ABC-CLIO. pp. 140–143. ISBN 0-87436-695-X. 
  195. ^ Volokh, Eugene (November/December 1988). "Testimony of Eugene Volokh on the Second Amendment, Senate Subcommittee on the Constitution, September 23, 1998". California Political Review: 23. http://www.law.ucla.edu/volokh/beararms/testimon.htm#14. ""A recent exhaustive study reveals that there was exactly one statement in the 1800s cases or commentaries supporting the collective rights view, a concurring opinion in an 1842 Arkansas state court case."". 
  196. ^ Nunn at 251
  197. ^ Nunn at 250
  198. ^ Singletary, Otis A. (1984). Negro militia and Reconstruction. Westport, Conn: Greenwood Press. pp. 114. ISBN 0-313-24573-8. "From its very inception, the Negro militia experiment was bitterly opposed by Southern white Conservatives. Throughout the entire period and at every state of development they continued their attack on the movement." 
  199. ^ April 1992, page 1193
  200. ^ Amar, Akhil Reed (1992). "The Bill of Rights and the Fourteenth Amendment". Yale Law Journal 101: 1193 [1224–1225]. ISSN 00440094. http://www.saf.org/LawReviews/Amar1.html. "And yet, despite the importance of the topic and all the attention devoted to it, we still lack a fully satisfying account of the relationship between the first ten amendments and the Fourteenth.". 
  201. ^ "U.S. Constitution: Second Amendment", Findlaw: "At what point regulation or prohibition of what classes of firearms would conflict with the Amendment, if at all, the Miller case does little more than cast a faint degree of illumination toward an answer."
  202. ^ Winkler, Adam, "Scrutinizing the Second Amendment", Michigan Law Review: "One overlooked issue in the voluminous literature on the Second Amendment is what standard of review should apply to gun control if the Amendment is read to protect an individual right to bear arms."
  203. ^ Barnett, Gary E., "The Reasonable Regulation of the Right to Keep and Bear Arms" (June 24, 2008). Georgetown Journal of Law & Public Policy, Vol. 6, No. 2, 2008
  204. ^ City of Salina v. Blaksley, 72 Kan. 230 .
  205. ^ Cornell, Saul (2006). A Well-Regulated Militia – The Founding Fathers and the Origins of Gun Control in America. New York, New York: Oxford University Press. pp. 258. ISBN 978-0-19-514786-5. http://books.google.com/books?id=NTgawc0e9gkC&dq=The+Founding+Fathers+and+the+Origins+of+Gun+Control+in+America&printsec=frontcover&source=bl&ots=vBcwVRmvpF&sig=OMG1cju-QBMVUSUhYFV2nEzkdKI&hl=en&ei=VvQaStvQNOCJtgf9pPDaDA&sa=X&oi=book_result&ct=result&resnum=1. "”… the Kansas Supreme Court had used a similar formulation of the right to bear arms a decade earlier, describing this right as one that “refers to the people as a collective body.””" 
  206. ^ Cramer, Clayton. "The racist roots of gun control", Kansas Journal of Law and Public Policy (Winter 1995).

External links


Quotes

Up to date as of January 14, 2010

From Wikiquote

.The Second Amendment to the United States Constitution, relating to the right to bear arms, was enacted as part of the Bill of Rights, its ratification occuring on December 15, 1791 with the support of the Virginia Legislature.^ For more information, see: Bill of Rights (United States) .
  • Amendments to the United States Constitution - encyclopedia article - Citizendium 28 January 2010 0:49 UTC locke.citizendium.org [Source type: Original source]

^ In other words, the right to bear arms as an individual right is not what the Second Amendment is all about.
  • http://www.bbc.co.uk/dna/h2g2/A39427554 28 January 2010 0:49 UTC www.bbc.co.uk [Source type: Original source]

^ Knife rights and gun rights both come under the Second Amendment of the United States Constitution.
  • Second Amendment Sisters - Self-Defense is a Basic Human Right 28 January 2010 0:49 UTC www.2asisters.org [Source type: Original source]

Contents

Text of the Second Amendment

The Second Amendment, as passed by the House and Senate and later ratified by the States, reads:
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 hand-written copy of the Bill of Rights which hangs in the National Archives had slightly different capitalization and punctuation inserted by William Lambert, the scribe who prepared it.^ The original and copies distributed to the states, and then ratified by them, had different capitalization and punctuation: .
  • United States Constitution, Amendment II 28 January 2010 0:49 UTC www.austinrifleclub.org [Source type: Original source]

^ The original hand-written copy of the Bill of Rights, approved by the House and Senate, was prepared by scribe William Lambert and resides in the National Archives.
  • Restore the Second Amendment 28 January 2010 0:49 UTC www.whitehouse2.org [Source type: FILTERED WITH BAYES]

^ Note: The capitalization and punctuation in this version is from the enrolled original of the Joint Resolution of Congress proposing the Bill of Rights , which is on permanent display in the Rotunda of the National Archives Building, Washington, D.C. .
  • The Eggmans Take on the Second Amendment 28 January 2010 0:49 UTC www.the-eggman.com [Source type: Original source]

This copy reads:
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.
.Both versions are commonly used by "official" Government publications.^ Both versions are commonly used by "official" Government publications.
  • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

^ The U.S. Government is inconsistent in the use of the comma in publications.
  • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

^ In fact, many hunters commonly use AR-15-style rifles for all types of hunting, both predator and big game.
  • VDARE.com: 03/03/09 - Montana Has It Right On Second Amendment 28 January 2010 0:49 UTC www.vdare.com [Source type: Original source]
  • Montana Has It Right On Second Amendment : Constitution Party Of Missouri 28 January 2010 0:49 UTC www.constitutionpartymo.org [Source type: Original source]

Earlier proposals and drafts of the Amendment

And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms.
.Samuel Adams, (February 6, 1788), reported in Charles Hale, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts (1856), p.^ Samuel Adams, Debates of the Massachusetts Convention of 1788 .
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

^ Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, at 86-87 (Peirce & Hale, eds., Boston, 1850.
  • Right to Keep and Bear Arms & Liberty Quotes 28 January 2010 0:49 UTC scottsworld.info [Source type: Original source]

^ Samuel Adams, debates & Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87.
  • Meaning of the Second Amendment 28 January 2010 0:49 UTC www.largo.org [Source type: Original source]
  • Sturm's Range 2nd Amendment Quotes 28 January 2010 0:49 UTC www.sturmsrange.com [Source type: Original source]

.86. This language was proposed in the Massachusetts convention for ratification of the U.S. Constitution to be added to Article I of that document.^ Documents related to the Constitution and the Constitutional Convention include: .
  • Constitution of the United States of America 28 January 2010 0:49 UTC biblos.lamar.edu [Source type: Reference]

^ This language was proposed in the Massachusetts convention for ratification of the U.S. Constitution to be added to Article I of that document.
  • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

^ This language became § 1 of the proposed constitutional amendment.
  • Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]

The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country; but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.
Original text of what was to become the Second Amendment, as brought to the floor to the first session of the first congress of the U.S. House of Representatives. original text
A well regulated militia, composed of the body of the people, being the best security of a free State, the right of the people to keep and bear arms shall not be infringed, but no person religiously scrupulous shall be compelled to bear arms.
Reworded version of the Second Amendment by the select committee on the Bill of Rights, July 28th 1789. AoC pp. 669)
A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no one religiously scrupulous of bearing arms shall be compelled to render military service in person.
Draft version of the Second Amendment sent by the House of Representatives to the United States Senate, on August 24th, 1789. (Note: When the Amendment was transcribed, the semicolon in the religious exemption portion was changed to a comma by the Senate scribe).
A well regulated militia, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed
Revision voted on in the U.S. Senate, September 4th, 1789.
A well regulated militia being the security of a free state, the right of the people to keep and bear arms shall not be infringed.
Final version passed by the U.S. Senate; the phrase "necessary to" was added when the proposed Amendment was entered into the U.S. House journal.

Quotes relating to the adoption of the Amendment

.The following statements were made by various founding fathers prior to the adoption of the Second Amendment.^ The Second Amendment reads as follows: .
  • Another Look at the Wording of the Second Amendment By Robert Greenslade - Price of Liberty 28 January 2010 0:49 UTC www.thepriceofliberty.org [Source type: Original source]

^ But that statement had nothing to do with the Second Amendment.
  • Sotomayor and the Second Amendment 28 January 2010 0:49 UTC writ.lp.findlaw.com [Source type: Original source]

^ The following statements were made by various founding fathers prior to the adoption of the Second Amendment.
  • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

While most date from before the wording of the second amendment was established, four were made during the 1789 debates over its adoption:

Thomas Jefferson

.
  • No freeman shall ever be debarred the use of arms.^ "No free man shall ever be debarred the use of arms.
    • Interpreting the Constitution and the Second Amendment 28 January 2010 0:49 UTC www.2ampd.net [Source type: Original source]
    • Assault on the Second Amendment 28 January 2010 0:49 UTC www.jeremiahproject.com [Source type: Original source]
    • Second Amendment 28 January 2010 0:49 UTC www.restoringamerica.org [Source type: Original source]

    ^ No freeman shall ever be debarred the use of arms…” Thomas Jefferson 2.
    • A Layman’s View: Does Second Amendment Confer Individual Right to Bear Arms? | Monroerising.com 28 January 2010 0:49 UTC monroerising.com [Source type: Original source]

    ^ "No free man shall ever be debarred the use of arms."
    • Meaning of the Second Amendment 28 January 2010 0:49 UTC www.largo.org [Source type: Original source]
    • Second Amendment Debate and Poll 28 January 2010 0:49 UTC www.youdebate.com [Source type: Original source]

    .
    • Proposed Virginia Constitution, June, 1776.
  • The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves;...^ United States Constitution Amendments 1-10 .
    • United States Constitution Amendments 1-10 28 January 2010 0:49 UTC www.alpinesurvival.com [Source type: Original source]

    ^ "The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed."
    • Assault on the Second Amendment 28 January 2010 0:49 UTC www.jeremiahproject.com [Source type: Original source]
    • Sturm's Range 2nd Amendment Quotes 28 January 2010 0:49 UTC www.sturmsrange.com [Source type: Original source]

    ^ Here, in the United States, we began our nation with the belief that all people were equal.
    • Right Truth: The Basis for a Strong Nation - Defending the United States Constitution 28 January 2010 0:49 UTC righttruth.typepad.com [Source type: General]

    that it is their right and duty to be at all times armed and that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of press.
    • Letter to Major John Cartwright (June 5 1824).

John Adams

.
  • Here every private person is authorized to arm himself, and on the strength of this authority, I do not deny the inhabitants had a right to arm themselves at that time, for their defense, not for offence.^ Here every private person is authorized to arm himself, and on the strength of this authority, I do not deny the inhabitants had a right to arm themselves at that time, for their defense, not for offence.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ Connecticut: "Every citizen has a right to bear arms in defense of himself and the state."
    • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

    ^ Wyoming: "The right of citizens to bear arms in defense of themselves and of the state shall not be denied."
    • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

    .
    • As defense attorney for the British soldiers on trial for the Boston Massacre.^ As defense attorney for the British soldiers on trial for the Boston Massacre.
      • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

      ^ Amendment 6 : Right to a public and speedy trial by an impartial jury, to confront the witnesses against the accused and to have a legal attorney in defense of the accused.
      • 27 Amendments to the US Constitution 28 January 2010 0:49 UTC www.buzzle.com [Source type: Original source]

      ^ Shortly after the "Boston Tea Party", British soldiers, led by General Gage, attempted to disarm the colonists.
      • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

      .Reported in L. Kinvin Wroth and Hiller B. Zobel, ed., Legal Papers of John Adams (Cambridge, Mass: Harvard University Press, 1965), 3:248.
  • To see that the people be continually trained up in the exercise of arms, and the militia lodged only in the people's hands.^ Concerning Arms in the hands of the People .
    • http://gunshowonthenet.com/SecondAmend/TheContendedAmend.html 28 January 2010 0:49 UTC gunshowonthenet.com [Source type: Original source]

    ^ To see that the people be continually trained up in the exercise of arms, and the militia lodged only in the people's hands.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ Cambridge, Mass.: Harvard University Press, 1994.
    • Second Amendment - Law Library of Congress (Library of Congress) 28 January 2010 0:49 UTC www.loc.gov [Source type: Original source]

    .
    • Marchamont Nedhams, reported in Adams', 'A Defense of the Constitutions of the Government of the United States of America 3:471 (1788); Adams wrote there that "[T]he rule in general is excellent".
  • To suppose arms in the hands of citizens, to be used at individual discretion, except in private self-defense, or by partial orders of towns, countries or districts of a state, is to demolish every constitution, and lay the laws prostrate, so that liberty can be enjoyed by no man; it is a dissolution of the government.^ United States Constitution Amendments 1-10 .
    • United States Constitution Amendments 1-10 28 January 2010 0:49 UTC www.alpinesurvival.com [Source type: Original source]

    ^ We would not be America if there was no right to bear arms and over through a government that is not just.
    • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

    ^ United States, who are peaceable citizens, from keeping their own arms....
    • Bear Arms 28 January 2010 0:49 UTC www.gmu.edu [Source type: Original source]

    .The fundamental law of the militia is, that it be created, directed and commanded by the laws, and ever for the support of the laws.^ The fundamental law of the militia is, that it be created, directed and commanded by the laws, and ever for the support of the laws."
    • Bear Arms 28 January 2010 0:49 UTC www.gmu.edu [Source type: Original source]

    ^ The fundamental law of the militia is, that it be created, directed and commanded by the laws, and ever for the support of the laws.
    • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ The charter of every American colony included the authority to create militia units separate and distinguishable from troops, and all American colonies passed militia laws under the authority granted by their charters.
    • Second Amendment Right to Bear Arms 28 January 2010 0:49 UTC faculty.ncwc.edu [Source type: Original source]

    • A Defence of the Constitutions of the United States 3:475 (1787-1788).

James Madison

.
  • The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms.^ Thus, one can bear arms "in defense.
    • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
    • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

    ^ The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ What good is the 'bear' part if you can't carry them?
    • Journal of pudge (3605) 28 January 2010 0:49 UTC yro.slashdot.org [Source type: Original source]

    .This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men.^ This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ Congress of the United States , begun and held at the City of New York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.
    • The Eggmans Take on the Second Amendment 28 January 2010 0:49 UTC www.the-eggman.com [Source type: Original source]

    ^ More than five years ago, six Washington, D.C., residents challenged the constitutionality of the city's 32-year ban on all functional firearms in the home.
    • Second Amendment Haze | Robert A. Levy | Cato Institute: Commentary 28 January 2010 0:49 UTC www.cato.org [Source type: FILTERED WITH BAYES]

    .To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for the common liberties and united and conducted by governments possessing their affections and confidence.^ While citizens are armed, the government is the servant of the people.
    • The Second Amendment vs International Law | The Foundry: Conservative Policy News. 28 January 2010 0:49 UTC blog.heritage.org [Source type: Original source]

    ^ Madison notes that a regular army that threatened liberty would find itself opposed by "a militia amounting to near a half a million citizens with arms in their hands."
    • THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]

    ^ These militia men were as brave as any army officer.
    • “The Second Amendment to the Constitution: Why it is important to our nation.” | Progressive U 28 January 2010 0:49 UTC www.progressiveu.org [Source type: Original source]

    .It may well be doubted whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops.^ Protections for citizens for arbitrary military action, which includes such things as the right to bear arms and that troops may not be quartered in homes during peacetime.
    • American Government Wk 6 Unit 2 Project Amending The Constitution 28 January 2010 0:49 UTC www.slideshare.net [Source type: Original source]

    ^ In the end a small standing army was agreed to, with the proviso that “a well regulated Militia” could be organized at the local level for local protection and to Supplement the national army in a time of threat.
    • AmericanHeritage.com / Amendment to the Constitution 28 January 2010 0:49 UTC www.americanheritage.com [Source type: Original source]

    ^ The militia was ‘well-regulated’ in the sense that its members were subject to various requirements such as training, supplying their own firearms, and engaging in military exercises away from home.
    • NorrisEssay061407 28 January 2010 0:49 UTC www.ack.net [Source type: Original source]

    .Those who are best acquainted with the late successful resistance of this country against the British arms will be most inclined to deny the possibility of it.^ To the contrary, it was, according to Tucker, a repudiation of the British tradition to secure that right only to those who were thought "qualified" by the government: The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible.
    • Second Amendment Threatened By Supreme Court's Use Of Foreign Law 28 January 2010 0:49 UTC gunowners.org [Source type: Original source]
    • ASSESSING THE THREAT TO SECOND AMENDMENT RIGHTS POSED BY THE U.S. SUPREME COURT'S USE OF FOREIGN LAW IN CONSTITUTIONAL INTERPRETATION 28 January 2010 0:49 UTC www.gunowners.com [Source type: Original source]

    ^ "Laws that forbid the carrying of armsdisarm only those who are neither inclined nor determined to commit crimes.

    ^ In states around the country, there’s a growing movement to address and resist two of the most abused parts of the Constitution – the Commerce Clause and the 2nd Amendment.
    • Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment 28 January 2010 0:49 UTC www.infowars.com [Source type: Original source]

    .Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.^ American people possess over the people of all other nations .
    • The Right to Keep and Bear Arms 28 January 2010 0:49 UTC foac-pac.org [Source type: Original source]

    ^ Americans have the right and advantage of being armed.
    • The Second Amendment Of The Constitution Of The United State 28 January 2010 0:49 UTC www.alphadogweb.com [Source type: Original source]

    ^ Madison observed: [T]he Americans possess [the advantage of being armed] over the people of almost every other nation....
    • Second Amendment Threatened By Supreme Court's Use Of Foreign Law 28 January 2010 0:49 UTC gunowners.org [Source type: Original source]
    • ASSESSING THE THREAT TO SECOND AMENDMENT RIGHTS POSED BY THE U.S. SUPREME COURT'S USE OF FOREIGN LAW IN CONSTITUTIONAL INTERPRETATION 28 January 2010 0:49 UTC www.gunowners.com [Source type: Original source]

    .Notwithstanding the military establishments of the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms.^ While citizens are armed, the government is the servant of the people.
    • The Second Amendment vs International Law | The Foundry: Conservative Policy News. 28 January 2010 0:49 UTC blog.heritage.org [Source type: Original source]

    ^ James Madison pointed out that governments of Europe are afraid to trust the people with arms.
    • United States Senator Kay Bailey Hutchison 28 January 2010 0:49 UTC hutchison.senate.gov [Source type: Original source]

    ^ Notwithstanding the military establishments of the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

  • In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.^ Control your government, or it will control you!
    • News Articles for H.J.Res.5: Proposing an amendment to the Constitution of the United States to repeal the... OpenCongress 28 January 2010 0:49 UTC news.opencongress.org [Source type: General]

    ^ In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ We intend to circumvent that difficulty by placing the burden of upholding our Bill of Rights where it belongs on the federal government, with its virtually unlimited resources.
    • Keep and Bear Arms - Gun Owners Home Page - 2nd Amendment Supporters 28 January 2010 0:49 UTC keepandbeararms.com [Source type: Original source]

    .A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.^ A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ It clearly allowed the government to control your liberties and your freedom , as well as urging common protection and outlining a system of oppression for the people.
    • Constitution of the United States - Uncyclopedia, the content-free encyclopedia 28 January 2010 0:49 UTC uncyclopedia.wikia.com [Source type: Original source]
    • Constitution of the United States - Uncyclopedia, the content-free encyclopedia 28 January 2010 0:49 UTC mirror.uncyc.org [Source type: Original source]

    ^ "If the representatives of the people betray their constituents, there is then no recourse left but in the exertion of that original right of self defense which is paramount to all positive forms of government..."
    • Sturm's Range 2nd Amendment Quotes 28 January 2010 0:49 UTC www.sturmsrange.com [Source type: Original source]

George Mason

George Mason is considered the "Father of the Bill of Rights." Mason wrote the Virginia Declaration of Rights, which detailed specific rights of citizens. He was later a leader of those who pressed for the addition of explicitly stated individual rights as part of the U.S. Constitution.
.
  • [W]hen the resolution of enslaving America was formed in Great Britain, the British Parliament was advised by an artful man, who was governor of Pennsylvania, to disarm the people; that it was the best and most effectual way to enslave them; but that they should not do it openly, but weaken them, and let them sink gradually.^ To disarm the people is the best and most effectual way to enslave them.” - George Mason .

    ^ To disarm the people is the best and most effectual way to enslave them..."
    • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

    ^ Elsewhere, George Mason, one of the greatest of Virginia statesmen, reported that "when the resolution of enslaving America was formed in Great Britain, the British Parliament was advised by an artful man, who was governor of Pennsylvania, to disarm the people; that it was the best and most effectual way to enslave them; but that they should not do it openly, but weaken them, and let them sink gradually.
    • The Second Amendment Of The Constitution Of The United State 28 January 2010 0:49 UTC www.alphadogweb.com [Source type: Original source]

    . . . .
    • At Virginia's U.S. Constitution ratification convention (June 14, 1788), reported in Elliot, Debates of the Several State Conventions 3:380.
  • I ask, who are the militia?^ Patrick Henry , 3 J. Elliot, Debates in the Several State Conventions 45, 2d ed.
    • Bear Arms 28 January 2010 0:49 UTC www.gmu.edu [Source type: Original source]

    ^ First let’s ask who was the militia?
    • Q&A: The Ratifiers and the Second Amendment - Times Topics Blog - NYTimes.com 28 January 2010 0:49 UTC topics.blogs.nytimes.com [Source type: FILTERED WITH BAYES]

    ^ Virginia's U.S. Constitution ratification convention (June 5, 1788), reported in Elliot, Debates of the Several State Conventions 3:45.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    .They consist now of the whole people, except a few public officers.^ It is the whole people, except for a few public officials."
    • Interpreting the Constitution and the Second Amendment 28 January 2010 0:49 UTC www.2ampd.net [Source type: Original source]
    • Bear Arms 28 January 2010 0:49 UTC www.gmu.edu [Source type: Original source]
    • Sturm's Range 2nd Amendment Quotes 28 January 2010 0:49 UTC www.sturmsrange.com [Source type: Original source]

    ^ They consist now of the whole people, except a few public officers."
    • The Second Amendment - The 2nd Amendment 28 January 2010 0:49 UTC www.arms2armor.com [Source type: Original source]
    • The Second Amendment Of The Constitution Of The United State 28 January 2010 0:49 UTC www.alphadogweb.com [Source type: Original source]
    • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]
    • The Second Amendment at Arms to Armor - The History Store 28 January 2010 0:49 UTC arms2armor.com [Source type: Original source]
    • 2nd Amendment 28 January 2010 0:49 UTC go-patriots.com [Source type: Original source]
    • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]

    ^ They consist of now of the whole people, except a few public officers.
    • Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment 28 January 2010 0:49 UTC www.infowars.com [Source type: Original source]

    .But I cannot say who will be the militia of the future day.^ But I cannot say who will be the militia of the future day.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]
    • Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment 28 January 2010 0:49 UTC www.infowars.com [Source type: Original source]

    ^ If that paper on the table gets no alteration, the militia of the future day may not consist of all classes, high and low, and rich and poor.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ So says the Tenth Amendment, specifically added for those who were afraid future generations might be obtuse about what they were thinking about.
    • Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

    .If that paper on the table gets no alteration, the militia of the future day may not consist of all classes, high and low, and rich and poor.^ If that paper on the table gets no alteration, the militia of the future day may not consist of all classes, high and low, and rich and poor… – George Mason, Virginia Constitution Convention .
    • Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment 28 January 2010 0:49 UTC www.infowars.com [Source type: Original source]

    ^ If that paper on the table gets no alteration, the militia of the future day may not consist of all classes, high and low, and rich and poor.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ "The militia of the United States consists of all able-bodied males at least 17 years of age..."
    • Sturm's Range 2nd Amendment Quotes 28 January 2010 0:49 UTC www.sturmsrange.com [Source type: Original source]

    . . . .
    • Virginia's U.S. Constitution ratification convention (June 16, 1788), reported in Elliot, Debates of the Several State Conventions 3:425.
  • That the People have a right to keep and bear Arms; that a well regulated Militia, composed of the Body of the People, trained to arms, is the proper, natural, and safe Defence of a free state.^ 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.
    • http://www.factmonster.com/ipka/A0749825.html 28 January 2010 0:49 UTC www.factmonster.com [Source type: Original source]
    • http://www.infoplease.com/ipa/A0749825.html 28 January 2010 0:49 UTC www.infoplease.com [Source type: Original source]

    ^ The arms right provision in both states reads: "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 Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

    ^ Rhode Island:   The right of the people to keep and bear arms shall not be infringed (1842).
    • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

    • Within Mason's declaration of "the essential and unalienable Rights of the People", later adopted by the Virginia ratification convention (1788).

Patrick Henry

.
  • Guard with jealous attention the public liberty.^ Guard with jealous attention the public liberty.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]
    • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

    ^ "Gaurd with jealous attention the public liberty.
    • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

    ^ "Guard with jealous attention the public liberty.
    • Assault on the Second Amendment 28 January 2010 0:49 UTC www.jeremiahproject.com [Source type: Original source]
    • Sturm's Range 2nd Amendment Quotes 28 January 2010 0:49 UTC www.sturmsrange.com [Source type: Original source]

    .Suspect everyone who approaches that jewel.^ Suspect everyone who approaches that jewel.
    • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]
    • 2nd Amendment 28 January 2010 0:49 UTC go-patriots.com [Source type: Original source]
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]
    • Assault on the Second Amendment 28 January 2010 0:49 UTC www.jeremiahproject.com [Source type: Original source]
    • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
    • Sturm's Range 2nd Amendment Quotes 28 January 2010 0:49 UTC www.sturmsrange.com [Source type: Original source]

    ^ Suspect every one who approaches that jewel.
    • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

    .Unfortunately, nothing will preserve it but downright force.^ Unfortunately, nothing will preserve it but downright force.
    • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]
    • 2nd Amendment 28 January 2010 0:49 UTC go-patriots.com [Source type: Original source]
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]
    • Assault on the Second Amendment 28 January 2010 0:49 UTC www.jeremiahproject.com [Source type: Original source]
    • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
    • United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]
    • Sturm's Range 2nd Amendment Quotes 28 January 2010 0:49 UTC www.sturmsrange.com [Source type: Original source]

    .Whenever you give up that force, you are inevitably ruined.^ Whenever you give up that force, you are ruined…The great object is that every man be armed.
    • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]

    ^ Whenever you give up that force, you are inevitably ruined.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ Whenever you give up that force, you are ruined...The great object is that every man be armed.
    • Assault on the Second Amendment 28 January 2010 0:49 UTC www.jeremiahproject.com [Source type: Original source]
    • Sturm's Range 2nd Amendment Quotes 28 January 2010 0:49 UTC www.sturmsrange.com [Source type: Original source]

    .
    • Virginia's U.S. Constitution ratification convention (June 5, 1788), reported in Elliot, Debates of the Several State Conventions 3:45.
  • My great objection to this government is, that it does not leave us the means of defending our rights or of waging war against tyrants.^ Government does not give rights.
    • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

    ^ (Elliot P.3:74) "My great objection to this government is, that it does not leave us the means of defending our rights, or of waging wars against tyrants."
    • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]
    • 2nd Amendment 28 January 2010 0:49 UTC go-patriots.com [Source type: Original source]

    ^ We have in our political system a government of the United States and a government of each of the several States.
    • US V.Cruikshank,92 US542(1875)92 Us542 28 January 2010 0:49 UTC www.myplick.com [Source type: Original source]

    .
    • Virginia's U.S. Constitution ratification convention (June 5, 1788), reported in Elliot, Debates of the Several State Conventions 3:47.
  • [W]here and when did freedom exist when the power of the sword and purse were given up from the people?^ Virginia's U.S. Constitution ratification convention (June 5, 1788), reported in Elliot, Debates of the Several State Conventions 3:45.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ Since its ratification in June 1788, there have been 27 amendments to the United States Constitution .
    • Amendments to the United States Constitution - encyclopedia article - Citizendium 28 January 2010 0:49 UTC locke.citizendium.org [Source type: Original source]

    ^ People will not give up their God given and Constitutional rights.
    • The Second Amendment vs International Law | The Foundry: Conservative Policy News. 28 January 2010 0:49 UTC blog.heritage.org [Source type: Original source]

    • Virginia's U.S. Constitution ratification convention (June 9, 1788), Elliot, Debates of the Several State Conventions, 3:169

Others

.
  • To judge from the history of mankind, we shall be compelled to conclude, that the fiery and destructive passions of war reign in the human breast with much more powerful sway, than the mild and beneficent sentiments of peace ; and that to model our political system upon speculations of lasting tranquility, is to calculate on the weaker springs of the human character.^ To judge from the history of mankind, we shall be compelled to conclude, that the fiery and destructive passions of war reign in the human breast with much more powerful sway, than the mild and beneficent sentiments of peace ; and that to model our political system upon speculations of lasting tranquility, is to calculate on the weaker springs of the human character.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ And, we have had more than our share of embarrassments.
    • Republican Leader John Boehner | Sen. Reid’s Government-Run Health Plan STILL Requires a Monthly Abortion Fee 28 January 2010 0:49 UTC republicanleader.house.gov [Source type: Original source]

    ^ "History is nothing more than agreed upon lies."
    • The Constitution of the United States: A man inspireddocument! 28 January 2010 0:49 UTC www.iahushua.com [Source type: Original source]

  • Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe.^ John Adams, A Defense of the Constitutions of the United States 475 (1787-1788) * "Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe.

    ^ Suzy Platt, Barnes & Noble, 1993) NOAH WEBSTER (Served in Revolutionary Army, Printed dictionary; a federalist) "Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe.
    • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

    ^ Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe.
    • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]
    • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]

    .The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States.^ This is the United States of America and a system of governing set up for the people and by the people.
    • My view of the Second Amendment - Lynn, MA, United States, FoxBoston Blog post 28 January 2010 0:49 UTC community2.myfoxboston.com [Source type: Original source]

    ^ The executive Power shall be vested in a President of the United States of America .
    • The United States Constitution 28 January 2010 0:49 UTC www.consource.org [Source type: Original source]

    ^ United States Constitution Amendments 1-10 .
    • United States Constitution Amendments 1-10 28 January 2010 0:49 UTC www.alpinesurvival.com [Source type: Original source]

    .
    • Noah Webster (writing under the nom de plume of "A Citizen of America), An Examination Into the Leading Principles of the Constitution (October 17, 1787).
  • It is true, the yeomanry of the country possess the lands, the weight of property, possess arms, and are too strong a body of men to be openly offended-and, therefore, it is urged, they will take care of themselves, that men who shall govern will not dare pay any disrespect to their opinions.^ Noah Webster (writing under the nom de plume of "A Citizen of America), An Examination Into the Leading Principles of the Constitution (October 17, 1787).
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ They can take care of themselves."
    • 2nd Amendment  What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]

    ^ Therefore, they shied away from strong forms of central government.
    • 82.03.03: The United States Constitution 28 January 2010 0:49 UTC www.cis.yale.edu [Source type: Original source]

    .It is easily perceived, that if they have not their proper negative upon passing laws in congress, or on the passage of laws relative to taxes and armies, they may in twenty or thirty years be by means imperceptible to them, totally deprived of that boasted weight and strength: This may be done in great measure by congress, if disposed to do it, by modelling the militia.^ Passed by Congress May 13, 1912.
    • United States Constitution - a knol by CFTC 28 January 2010 0:49 UTC knol.google.com [Source type: Original source]
    • National Constitution Center: Text of the Constitution 28 January 2010 0:49 UTC www.constitutioncenter.org [Source type: Original source]
    • U.S. Constitution 28 January 2010 0:49 UTC www.tyranttamer.com [Source type: Original source]

    ^ It is easily perceived, that if they have not their proper negative upon passing laws in congress, or on the passage of laws relative to taxes and armies, they may in twenty or thirty years be by means imperceptible to them, totally deprived of that boasted weight and strength: This may be done in great measure by congress, if disposed to do it, by modelling the militia.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ [Passed by Congress May 13, 1912.
    • Constitution of the United States 28 January 2010 0:49 UTC www.nhinet.org [Source type: Original source]

    .Should one fifth, or one eighth part of the men capable of bearing arms, be made a select militia, as has been proposed, and those the young and ardent part of the community, possessed of but little or no property, and all the others put upon a plan that will render them of no importance, the former will answer all the purposes of an army, while the latter will be defenceless.^ A militia, when properly formed, are in fact the people themselves….all men capable of bearing arms .
    • ACLU And The Second Amendment : Stop The ACLU 28 January 2010 0:49 UTC www.stoptheaclu.com [Source type: Original source]

    ^ Is one’s person community property?
    • Was the Second Amendment Borrowed from the Massachusetts Constitution? - The Federalist Blog 28 January 2010 0:49 UTC federalistblog.us [Source type: Original source]

    ^ The right to keep and bear arms is the one right that allows "rights" to exist at all.
    • Heston's Speech on The Second Amendment 28 January 2010 0:49 UTC www.varmintal.com [Source type: Original source]
    • Right to Keep and Bear Arms, Second Amendment Rights, Handgun Control Inc, Militias 28 January 2010 0:49 UTC www.rightsofthepeople.com [Source type: Original source]

    .
    • Letters from the Federal Farmer to the Republican, III, November 1787.[1]
  • A militia when properly formed are in fact the people themselves...and include all men capable of bearing arms...To preserve liberty it is essential that the whole body of the people always posses arms, and be taught alike, especially when young, how to use them...The mind that aims at a select militia, must be influenced by a truly anti-republican principle.^ The unorganized militia members, "the people," had the right to keep and bear arms.
    • The Second Amendment: The Framers' Intentions 28 January 2010 0:49 UTC www.lectlaw.com [Source type: Original source]

    ^ Thomas Jefferson, writing to his teenaged nephewMilitias, when properly formed, are in fact the people themselves and include all men capable of bearing arms.
    • K-State Collegian - Law professors debate Second Amendment rights in Forum Hall 28 January 2010 0:49 UTC www.kstatecollegian.com [Source type: Original source]

    ^ Again, the phrase "keep and bear arms" is used for more than militia use.
    • The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
    • WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]

    .
    • Melancton Smith, Additional Letters From The Federal Farmer, 1788.
  • The militia, who are in fact the effective part of the people at large, will render many troops quite unnecessary.^ The militia, who are in fact the effective part of the people at large, will render many troops quite unnecessary.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ Tench Coxe also said: the militia "are in fact the effective part of the people at large."
    • The US Supreme Court and the Second Amendment [Archive] - SignOnSanDiego Forums 28 January 2010 0:49 UTC forum.signonsandiego.com [Source type: Original source]

    ^ Letters from the Federal Farmer to the Republic”, 1788 (either Richard Henry Lee or Melancton Smith).
    • » Second Amendment Does NOT Provide Right to Keep and Bear Arms The Liberty Tree Lantern 28 January 2010 0:49 UTC captkarl.blogivists.com [Source type: Original source]

    .They will form a powerful check upon the regular troops, and will generally be sufficient to over-awe them.^ They will form a powerful check upon the regular troops, and will generally be sufficient to over-awe them.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ They will form a powerful check upon the regular troops, and will generally be sufficient to over-awe them" - Tench Coxe, An American Citizen IV, October 21, 1787 "Who are the militia?
    • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

    ^ The weakness in their system turns out to be their over-reliance upon "checks and balances," and to fail to consider that a politician really could have a lifetime of power.
    • Joe Lauria: The Second Amendment: An Irrelevant Relic 28 January 2010 0:49 UTC www.huffingtonpost.com [Source type: General]

    .
    • Tench Coxe, Delegate to Continental Congress, Oct.^ (Federalist Papers #29) TENCH COXE (friend of Madison, member of Continental Congress) "Who are the militia?
      • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

      ^ (J 973.313 St) Tells the story of the writing of the Declaration of Independence by following Delaware delegate Caesar Rodney from his call to Second Continental Congress to the signing of the Declaration.
      • The United States Constitution 28 January 2010 0:49 UTC www.monroe.lib.in.us [Source type: Original source]

      ^ Twenty five volumes containing documents written by the delegates that are related to their work in the First and Second Continental Congresses, 1774-1789.
      • Constitution of the United States of America 28 January 2010 0:49 UTC biblos.lamar.edu [Source type: Reference]

      .21, 1787.
  • Whereas civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as military forces, which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.^ Rhode Island:   The right of the people to keep and bear arms shall not be infringed (1842).
    • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]

    ^ The language of the Second Amendment explicitly states 'the right of the people to keep and bear Arms.'
    • http://www.bbc.co.uk/dna/h2g2/A39427554 28 January 2010 0:49 UTC www.bbc.co.uk [Source type: Original source]

    ^ The right to bear arms .
    • The Constitution of the United States of America@Everything2.com 28 January 2010 0:49 UTC everything2.com [Source type: Original source]
    • Artists & Crafters Supply Community 28 January 2010 0:49 UTC etsysupplyshoppe.blogspot.com [Source type: FILTERED WITH BAYES]

    .
    • Tench Coxe, Federal Gazette, June 18,1789, A friend of James Madison, writing in support of the Madison's first draft of the Bill of Rights.
  • [A]rms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property.^ "[A]rms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property.
    • Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]

    ^ First, the Bill of Rights is a charter of negative rights.
    • The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]

    ^ "The supposed quietude of a good man allures the ruffian; while on the other hand, arms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property.

    .The balance of power is the scale of peace.^ The balance of power is the scale of peace.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    .The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not others dare not lay them aside.^ The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not others dare not lay them aside.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ To preserve liberty it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them.
    • K-State Collegian - Law professors debate Second Amendment rights in Forum Hall 28 January 2010 0:49 UTC www.kstatecollegian.com [Source type: Original source]

    ^ If and when that happens, it will be the well armed citizens who survive – the ones who can hunt and kill their own meat and who can protect their food and other belongings from those who would take it.
    • The Relevance of the Second Amendment in Today’s United States 28 January 2010 0:49 UTC www.floppingaces.net [Source type: General]

    .And while a single nation refuses to lay them down, it is proper that all should keep them up.^ And while a single nation refuses to lay them down, it is proper that all should keep them up.
    • Second Amendment to the United States Constitution - Wikiquote 28 January 2010 0:49 UTC en.wikiquote.org [Source type: Original source]

    ^ First, the European nations had more confidence in the new nation because a single government now had the authority to speak for all of the states.

    ^ The South claimed that it was a federal republic, in which each state was sovereign; meanwhile the Republicans claimed that it was a national republic, in which all states are under control of a single unifying sovereign.
    • Sovereignty Resolutions: A Message to the UNITED STATES | Tenth Amendment Center Blog 28 January 2010 0:49 UTC blog.tenthamendmentcenter.com [Source type: Original source]

    .Horrid mischief would ensue were one half the world deprived of the use of them; for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong.^ Horrid mischief would ensue were (the law-abiding) deprived t