View Single Post
Old 02-08-2006, 04:33 AM   #10 (permalink)
dksuddeth
Junkie
 
Location: bedford, tx
Quote:
Originally Posted by shakran
seeing as how a "well regulated militia" cannot be defined by even the biggest nutjob as "everyone and his brother gets a gun and there's no organizational structure to it whatsoever," that idea is fundamentally flawed.
I guess you've never bothered to study and understand any US history because those 'nutjobs' defined it as exactly that..meaning that everyone and his brother, father, cousins, and sons. It goes back to before the country was even formed.

The America of 1791 was not a superpower. National pride aside, it was a backward, recently colonial frontier. Its entire history had been one of war and threats of war. The French in the north, the Spanish in the south and the Indian Nations had all threaten the initial settlements. Moreover the colonies, from their various origins, had been "independent states" loosely tied together by their collective master the British Crown. In every case they had begun their precarious existence without a standing army of any kind. (Not unusual, in the early colonial period even the British Crown tended to raise its armies "at need" and disband them after the crisis had passed.) The colonies had followed their English traditions and organised their defence around a governor's guard (usually very small - more a personal defence force than an army), an organised "watch" to perform police duties (police in the modern sense are a hundred years in the future) and a levee en masse of every able bodied man in times of emergency.

As time went on and the colonies grew this initial arrangement was supplemented by garrisons of regular British troops, part time colonial reserves - of various levels of service and organisation- and Indian alliances. By the time of the Revolution the old practice of levee en masse was going out of use, at least in the more settled areas. Wars, for example the French and Indian War (1755-60), were conducted by regular British Troops supported by American "Militia" regiments mobilised for the war.

However, the early levee en masse tradition of the Militia, what might be called the "people's militia" continued. (We might note here that the Militia of formed bodies of troops was sometimes called the "regular", "standing" or "formed" Militia. The levee en masse Militia was often referred to as the "unorganised" Militia. The fact that there were two "types" of Militia both referred to as "the Militia" can be confusing.) As late as the 1860's we see Americans, North and South, responding to a military emergency by spontaneously forming regiments and electing their own officers. This is normally presented as a quaint example of Civil War enthusiasm. However, in reality this is the living continuation of the old levee en masse tradition of the American citizen soldier.



Quote:
Originally Posted by shakran
Additionally, when you consider the intent of the framers (which is a valid legal measure used by con-law interpreters such as judges all the time) you realize that the framers never intended to let anyone get hold of an uzi.
You are sorely mistaken. The intent of the framers in guaranteeing the natural right of all free men to keep and bear arms was so that they COULD be an impromptu standing force which means that they could indeed have uzi's IF the standing armies used them. Since the current standing army does NOT use uzi's, this is irrelevant, HOWEVER, they do use automatic weapons and thus, according to the intent of the framers, so should the 'militia', which is all able bodied free men.

Quote:
Originally Posted by shakran
This ammendment was clearly meant to allow for well regulated militias (hint - if you don't even get together as a militia to practice, ever, then you're not a well regulated anything) to have muskets. It was not meant to allow urban gangs to have assault rifles.
well regulated was not defined as all the people getting out and marching or practicing close combat drills. All it meant was that the people would have their readily maintained arms and know how to use them properly when necessary, being able to gather together and freely elect their officers and when done, go back home to the farm. As far as your statement about the 'urban gangs', this is your strawman. The framers wrote the bill of rights for free law abiding citizens, not criminals.

Americans of this generation were well aware that their success in the Revolution had rested on them having the means to revolt i.e. arms. Further, the Crown had responded to their civil disobedience with direct attempts to disarm the colonists i.e. Lexington and Concord. Hence the framers of the Constitution and the Bill of Rights had a keen awareness of the political implications of armed vs. unarmed. Their intense last straw reaction to the British attempt to seize their arms was based on the realisation that a loss of arms meant that the colonists would be helpless. Helpless before the Crown, or the Indians, or bandits or anyone else who wanted to take a swipe at them. This condition of unarmed defencelessness and the subservience to any armed party that it implied was the match that set off the Revolution. It is also a major driving force in the current desire of many Americans to retain their arms.

In the colonial period, to men representing semi-autonomous states and very nervous about an over-powerful Federal Government, the right of individuals to arms was essential. Hence the need they felt to re-assert the individual right to keep and bear arms by including it in certain "declaratory and restrictive clauses" designed to prevent the Federal Government from any "abuse of its powers."


all statements in italics are courtesy of "The 2nd Amendment: A Historical Understanding" by Bruce Gold


Quote:
Originally Posted by seretogis
To make this national and in doing so force all the states which do not currently honor a MN CCW permit to honor it is contrary to the very idea of states' rights and so should be opposed by any freedom-loving non-federalist American. Limiting conceal/carry privileges is not unconstitutional in terms of the Second Amendment, but allowing the federal government to override the states' right to regulate it is.
Would you not agree that when individual states are in violation of the constitution by denying constitutional rights to its citizens, that it would be the responsibility of the federal government to step in and restore those constitutional rights according to the 14th amendment?
__________________
"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him."
dksuddeth is offline  
 

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360