QUOTE(Landru Guide Us @ Feb 28 2007, 07:32 PM)

Your boy Bogus (why should I believe anything a man named Bogus has to say?) has, shall we say, a "unique" interpretation of many known sources. It is revisionist and designed to be controversial. Whether it is designed to be accurate is another story.
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That's the best gunnutz can do: make fun of a man's name in lieu of arguing the merits. Thanks for the admission.
I've argued the merits quite a bit in this thread--and I have not called
you names or been
ad hominem abusive to
you. Watch it.
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I do not have the time to do a point-by-point rebuttal of a law review article he surely took months to write, but I will say this: In a time before the existence of police forces, the first US police force being formed in NYC about 1853 (not in the slaveholding South, as might follow from Bogus' note), and in light of the disbanding of the Cont Army as soon as the Rev War ended, to think that states and locales wanted a militia and the right to arm one is no great surprise.
QUOTE(Landru Guide Us @ Feb 28 2007, 07:32 PM)

Yep, the wanted an armed militia alright -- to protect themselves agaisnt slave revolts and people that might take their land. The point is the sure didn't want slaves and Whiskey rebels armed. So much for the citizen soldier nonsense.
Your have repeated this and just don't seem to get it: whether the purpose was to enforce slave holding laws, conversion laws, or anti-smoking laws, one of the intentions was to provide for an armed citizenry to aid in protection of property. Get it? That is a perfectly valid reason for individual gun ownership. That slavery has been outlawed is completely, utterly, and totally, irrelevant. That the Second Amendment may have had as one of its background motives the enforcement of property rights in slaves is completely, utterly, and totally, irrelevant. As long as a citizen owns legal property, he has a right to defend it, regardless of the nature of the property. This is beyond fundamental in our culture and jurisprudence.
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And, in light of the great fear of federal and centralized power by sovereign states, many of whom adopted the Const with great reservations, it is also not stretch to see how these states wanted power retained at their level, for a number of reasons.
Slave control may have been one of them, but I doubt it was the primary one, and even so does not refute any of my arguments. Slavery was the law of the land at the time--if Bogus is arguing that the provision exists to make sure states and locales could draw upon an armed citizenry to execute its laws, I would agree. That slavery itself is no longer legal is irrelevant.
QUOTE(Landru Guide Us @ Feb 28 2007, 07:32 PM)

You need to actually read George Mason's writings, and his preoccupation with slaves.
I suspect I have read more about George Mason then you ever will. George Mason favored no importation of slaves and the gradual emancipation of slaves, as did many leading lights of Virginia at the time.
"...Yet now he withheld his support from the document he had played so large role in crafting, because the Constitution did not end the slave trade, and there was no Bill of Rights.
Mason had told his colleagues that slavery was a moral error that would bring "the judgment of heaven on the United States. As nations cannot be rewarded or punished in the next world they must be in this. By an inevitable chain of causes and effects providence punishes national sins by national calamities." He could not get his fellow delegates to accept his point. "
http://stephanaschwartz.com/HTML/George%20Mason.htmlOf course, Mason's views on slavery are irrelevant to our discourse, but you keep bringing it up. Although a slaveholder, he was in favor of gradual abolition.
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"AN INDIVIDUAL RIGHT
In his edition of Blackstone's Commentaries on the Law of England (1803), St. George Tucker, a lawyer, Revolutionary War militia officer, legal scholar and later a U.S. District Court Judge wrote:
"The right of the people to keep and bear arms shall not be infringed, and this without any qualifications as to their condition or degree, as is the case in the British Government."
In the appendix to the Commentaries, Tucker elaborates further:
"This may be considered as the true palladium of liberty…. The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Whenever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction."
"In the Federalists Papers, No. 29, Alexander Hamilton clearly states membership in a well-regulated militia is not required for the right to keep arms:
"What plan for the regulation of the militia may be pursued by the national government is impossible to be foreseen…The project of disciplining all the militia of the United States is as futile as it would be injurious if it were capable of being carried into execution…Little more can reasonably be aimed at with the respect to the people at large than to have them properly armed and equipped; and in order to see that this be not neglected, it will be necessary to assemble them once or twice in the course of a year.""
QUOTE(Landru Guide Us @ Feb 28 2007, 07:32 PM)

None of this is relevant to the intent or interpretation of the 2nd Amendment, since Mason, not Hamilton or Tucker wrote the words, and dozens of guys in wigs adopted it, and the first use of the milita, by Washington, was to DISARM citizens. So try again.
In any case, your interpretation would give you the right to own a gun (actually only a blunderbus or a breechloader) if you joined a milita that couldn't afford to issue one. Know any of those?
The Const was debated and agreed upon by many, and sincerely interpreted by many. Trying to say Mason's views, who didn't even sign the Const, are the only relevant views is patently ridiculous.
The right to use arms, intrinsically, is to use them for
justice--sometimes that will be to put down an uprising, sometimes to fulminate one. The self-same George Washington who put down the Whisky Rebellion led the Cont Army against the British, because to his mind one cause was unjust, and one was just--the tools he used were the same in each case, in great part--the armed citizen.
You last two sentences make no sense at all.
-- edited to fix quotes.