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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
originally posted by: Deplorable
Maybe it's a willful misrepresentation. The way I read the 2d, it says that We The People are entitled to a militia.
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, unusually for constitutional provisions, contains a statement of purpose as well as a guarantee of a right to bear arms." This unusual attribute, some argue, is reason for courts to interpret the Second Amendment quite differently than they interpret other constitutional provisions -- perhaps to the point of reading it as having virtually no effect on government action.
My modest discovery 3 is that the Second Amendment is actually not unusual at all: Many contemporaneous state constitutional provisions are structured similarly. Rhode Island's 1842 constitution, its first, provides
The liberty of the press being essential to the security of freedom in a state, any person may publish his sentiments on any subject, being responsible for the abuse of that liberty . . . .
Compare this to the Second Amendment's
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.
What about a claim that, say, "to keep and bear arms" refers only to people's keeping arms in state-run arsenals, and bearing them while they are under the direct command of state officers? This position seems inconsistent with the operative clause (and again Miller did not hold this). As I mentioned above, a right of the people to bear arms (or to keep and bear arms) is present in the pre-1791 constitutions of four states; because this right against the state government can't be at the sufferance of the state, "the right of the people to bear arms" seems to have meant a right to have arms even without state authorization. The Indiana, Kentucky, Missouri, Ohio, Pennsylvania, and Vermont provisions guaranteeing the right of the people to bear arms in "defense of themselves and the State" likewise suggest that "bearing arms" meant more than just bearing them under state control. What's more, under the Militia Clauses, the federal government could at any time take direct command of the militia away from the states. If the right was only a right to possess arms under the supervision of one's militia superiors -- who might well be under federal command -- then the right would impose little constraint on the federal government.
originally posted by: JoshuaCox
a reply to: Krakatoa
Plenty of people in the past were not educated on fire arms either..
Rifling has only been a common thing the last 100 year.
Guns were expensive:.
About 75% of women never touch a gun..
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You average person could barely read 100 years ago..
By every measurable thing besides maybe divorce rates. We have improved...
originally posted by: Peeple
a reply to: infolurker
That's kind of exactly what I don't understand, who are you defending yourself against?
Rivaling gangs? Your gouvernment?
Does that actually happen that someone prevents being robbed because he shoots the intruder?
How often in comparison to mass/school shootings does that happen?
Excuse my ignorance, those are genuine questions.