LookieNoNookie
Posts: 12216
Joined: 8/9/2008 Status: offline
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quote:
ORIGINAL: jlf1961 The reasoning was simple, to keep the government of the people in the hands of the people. a. A well regulated militia---The goal b. being necessary to the security of a free State,---The reason c. the right of the People to keep and bear arms shall not be infringed.---The means of accomplishing the goal. quote:
"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." Tench Coxe, one of the framers of the amendment. quote:
"Congress may give us a select militia which will, in fact, be a standing army - or Congress, afraid of a general militia, may say there shall be no militia at all. When a select militia is formed, the people in general may be disarmed." -John Smilie Then of course there are the words of Mao, the political power comes from the right to own firearms. As long as the people maintain that right, the government is held in check. The original version of the 2nd amendment was as follows: 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 baring arms shall be compelled to render military service in person. Congress moved the individual rights to be secondary to the security of a free country, and of course dropped the religious exemption all together. What this means is that the security of the state is primary, the rights of the individual are secondary but not eliminated. In the modern United States, the National Guard can be nationalized over the objections of the state's governors by executive order, which President Bush used a few times to call up the national guard units of various states for duty in Afghanistan and Iraq. For this reason, under the Militia Act of 1903, many states established State Defense Forces, the members of which supply their own firearms, ammo and gear. While these forces are intended to support the National Guard, they are not subject to call by the federal government. Jon Roland made some points in his paper "The Constitutional Militia." quote:
Essentially, a militiaman is any citizen in his capacity as a defender of the state. By "state" we do not mean "the government", but a community of citizens in possession of a territory. A citizen whose behavior makes him an enemy of the state is not a militiaman, because he cannot both defend the state and attack it at the same time. Furthermore, he may have official duties, such as serving in an executive, judicial, or legislative position, or as a member in the armed forces, which take precedence over general militia duties. Therefore, in the broadest sense, the Militia is all citizens who are not enemies of the state and who do not have official duties that take precedence over their militia duties. That may include officials when they are off-duty. If you defend yourself against a criminal attack, what you are really doing is not just defending yourself. You are calling up the militia, consisting of yourself, to defend a member of the community, also consisting of yourself, and thereby forming a militia of one. If you ask someone else to help you, you are calling up the militia consisting of the two of you. Although every citizen has the duty to defend the state, that duty extends only as far as he is able to carry it out. No one has the duty to do what is impossible for him. On the other hand, he has the duty to exercise his abilities to make them as great as he can. His duty does not begin when a situation arises that requires him to act. He also has a duty to prepare to respond to any reasonably foreseeable contingencies. Complete Article. All these thoughts on the Second Amendment implies that the state militia and those members of the citizenry are responsible for the defense of the state, and to fulfill this requirement, it stands to reason that they should be able to arm themselves with weapons comparable to, if not exact weapon model, those of the military. However, there have been restrictions placed on who can own firearms that have stood against the second amendment. The 1968 Gun Control Act became part of Title 18 of the U.S. Code (Criminal Code), and prohibited the selling of firearms to anyone suspected of being: under indictment or convicted of a felony a fugitive from justice a drug user a mental defective or having been in a mental institution unfit for any other reason Thus when the shooter in the Virginia Tech incident purchased his weapons that he used to commit the act, it was not breakdown of the system that allowed him to purchase weapons that under the law he was not legally allowed to own. But...crazy fucks....we don't need to protect them.
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