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<blockquote data-quote="vvvvvvv" data-source="post: 1488204" data-attributes="member: 5151"><p>You also need to understand language of that time period, as well as the organization of clauses (especially in legalese).</p><p></p><p>In plain English, the Second Amendment can be read as "The right of the people to keep and bear arms shall not be infringed because a well regulated militia is necessary to the security of a free state."</p><p></p><p>Furthermore, Article II Section 2 Clause 1 states that "The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States;"</p><p></p><p><a href="http://topics.law.cornell.edu/constitution/articlei#section8" target="_blank">Article I Section 8 Clauses 15 and 16</a> grant Congress the following control over the Militia:</p><p></p><p style="margin-left: 20px">To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">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;</p><p></p><p>The Constitution was adopted without any amendments. The <a href="http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html" target="_blank">Bill of Rights</a> contains a preamble which does a good job of explaining why the amendments were proposed (my emphasis):</p><p></p><p style="margin-left: 20px"></p> <p style="margin-left: 20px">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</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that <strong>further declaratory and restrictive clauses should be added</strong>: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.</p><p></p><p>This preamble explains quite well why the amendments are worded the way they are. In the case of the Second Amendment, it is written in the form of a declaratory clause followed by a restrictive clause. The declaratory clause states why the Second Amendment is necessary:</p><p></p><p style="margin-left: 20px"><em>A well regulated Militia, being necessary to the security of a free State,</em></p><p></p><p>The States viewed a federal militia as a threat to their sovereignty in the union. In their view, the Constitution did not provide a check against an out of control federal militia. The federal militia needed to be subject to some sort of regulation as a check against its use against states that opposed an action or initiative of the federal government. That regulation is found in the restrictive clause of the Second Amendment:</p><p></p><p style="margin-left: 20px"><em>the right of the people to keep and bear Arms, shall not be infringed.</em></p><p></p><p>This protection of the right to keep and bear arms for the People of the United States is meant to serve as a regulation against an unchecked federal militia authorized by the United States Constitution. People who believe that the founders meant for government to infringe upon the People's right to keep and bear arms by imposing restrictions such as licensing provisions and ownership prohibitions clearly do not understand the history behind the Second Amendment.</p><p> </p><p></p><p></p><p>Like a Cuba Libre, Virgin just made it worse.</p><p> </p><p></p><p> </p><p>We should kill this bill with fire.</p></blockquote><p></p>
[QUOTE="vvvvvvv, post: 1488204, member: 5151"] You also need to understand language of that time period, as well as the organization of clauses (especially in legalese). In plain English, the Second Amendment can be read as "The right of the people to keep and bear arms shall not be infringed because a well regulated militia is necessary to the security of a free state." Furthermore, Article II Section 2 Clause 1 states that "The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States;" [URL="http://topics.law.cornell.edu/constitution/articlei#section8"]Article I Section 8 Clauses 15 and 16[/URL] grant Congress the following control over the Militia: [indent]To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions; 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;[/indent] The Constitution was adopted without any amendments. The [URL="http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html"]Bill of Rights[/URL] contains a preamble which does a good job of explaining why the amendments were proposed (my emphasis): [indent] 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 Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that [B]further declaratory and restrictive clauses should be added[/B]: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution. RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz. ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.[/indent] This preamble explains quite well why the amendments are worded the way they are. In the case of the Second Amendment, it is written in the form of a declaratory clause followed by a restrictive clause. The declaratory clause states why the Second Amendment is necessary: [indent][i]A well regulated Militia, being necessary to the security of a free State,[/i][/indent] The States viewed a federal militia as a threat to their sovereignty in the union. In their view, the Constitution did not provide a check against an out of control federal militia. The federal militia needed to be subject to some sort of regulation as a check against its use against states that opposed an action or initiative of the federal government. That regulation is found in the restrictive clause of the Second Amendment: [indent][i]the right of the people to keep and bear Arms, shall not be infringed.[/i][/indent] This protection of the right to keep and bear arms for the People of the United States is meant to serve as a regulation against an unchecked federal militia authorized by the United States Constitution. People who believe that the founders meant for government to infringe upon the People's right to keep and bear arms by imposing restrictions such as licensing provisions and ownership prohibitions clearly do not understand the history behind the Second Amendment. Like a Cuba Libre, Virgin just made it worse. We should kill this bill with fire. [/QUOTE]
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