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jlf1961 -> RE: All things gun control go here (12/23/2012 2:07:57 PM)
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quote:
* In the Bill of Rights, the Second Amendment to the Constitution 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.[160]
* Gun control proponents have argued and some federal courts have ruled that the Second Amendment does not apply to individual citizens of the United States but only to members of militias, which, they assert, are now the state National Guard units.[161] [162] In 2002, a federal appeals court panel ruled that "the people" only "have the right to bear arms in the service of the state."[163]
* Gun rights proponents have argued and some federal courts have ruled that the Second Amendment recognizes "an individual right to keep and bear arms."[164] In 2001, a federal appeals court panel ruled that the Second Amendment "protects the right of individuals, including those not then actually a member of any militia or engaged in active military service or training, to privately possess and bear their own firearms...."[165]
* James Madison was the primary author of the Bill of Rights,[166] is known as the "Father of the Constitution" for his central role in its formation,[167] and was one of three authors of the Federalist Papers, a group of essays published in newspapers and books to explain and lobby for ratification of the Constitution.[168] [169]
* In Federalist Paper 46, James Madison addressed the concern that a standing federal army might conduct a coup to take over the nation. He argued that this was implausible because, based on the country's population at the time, a federal standing army couldn't field more than 25,000-30,000 men. He then wrote:
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 their common liberties, and united and conducted by governments possessing their affections and confidence.
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. Notwithstanding the military establishments in 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.[170]
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