Help - Search - Members - Calendar
Full Version: What Does the 2nd Amendment Say?
America's Debate > Policy Debate > Constitutional Debate
Pages: 1, 2, 3, 4
Google
Blackstone
QUOTE(BoF @ Apr 29 2007, 05:26 PM) *
While the Declaration of Independence is historically an important document, it doesn't add much to this debate.

Now here's a classic case of someone jumping into a discussion and criticizing a point without having any idea (or caring to, I'd wager) what the context behind the point was.


QUOTE(DaytonRocker @ Apr 29 2007, 06:06 PM) *
Your argument seems to be that owning this type of hardware should be constitutionally protected to take on the government when it hits some undefined threshold.

Not only should be, but is. And those who were responsible for putting the 2nd Amendment in the Constitution felt the same way.


QUOTE(Vermillion @ Apr 29 2007, 07:37 PM) *
You stated this in post 30 of this thread: here are YOUR words.

QUOTE(Blackstone)
Another thing is that it generally doesn't violate the spirit of the 2nd Amendment to ban any specific type of weapon, provided that the ban is universal, and applies to government as well as the people. But when a law gives government a legal advantage when it comes to weapons, that's a facial violation.

I also stated in the same response that the amendment applies only to the federal government. So yes, you lied about my position, once again.

QUOTE
So if the clause was laid out simply, no context, no limiting factors, just 'the right to keep and bear arms shall not be infringed': people would assume the right could be infringed?

Leaving aside the falsity of your implication that the first clause is a "limiting" factor, without that clause someone might be able to define "arm" in such a way as to only include arms for self-defense and hunting. Don't believe me? Look at the modern court opinions that try to say "arms", within the meaning of the 2nd Amendment, don't include handguns.

QUOTE
Why do you think they chose those words: a well regulated militia?

Because a well regulated militia is better able to defend the security of a free state than an unregulated and undisciplined militia. So by all means, regulate the militia. But that in no way changes the fact that "the right of the people to keep and bear arms shall not be infringed."
Google
BoF
QUOTE(Blackstone @ Apr 30 2007, 01:27 PM) *
QUOTE(BoF @ Apr 29 2007, 05:26 PM) *
While the Declaration of Independence is historically an important document, it doesn't add much to this debate.


Now here's a classic case of someone jumping into a discussion and criticizing a point without having any idea (or caring to, I'd wager) what the context behind the point was.


My apology Blackstone. The next time I decide to rain on your parade by “jumping into a discussion,” I’ll ask your permission. rolleyes.gif The context statement is a great way to leave wiggle room for plausible denial. thumbsup.gif

BTW: We had an extended debate a while back on whether or not the Declaration of Independence is a legal document.

http://www.americasdebate.com/forums/index...st&p=153630
Vermillion
QUOTE(Blackstone @ Apr 30 2007, 07:27 PM) *

I also stated in the same response that the amendment applies only to the federal government. So yes, you lied about my position, once again.



Oooh, so now the desperation avoidance tactic had upgraded. Now I'm not being accused of 'misquoting' as you avoid the question, now I am 'lying' as you avoid the question.

Of course neither is remotely true, I laid out that post, in your own words, listing the four (now five) places you had wiggled and squirmed and doged to avoid answering a simple question: now you have upgraded to ad hominum attacks as well. Colour me surprised.

Yes, you said it applied to the federal government, So Did I. I never implied you said otherwise. Stop wiggling Blackstone, and answer the question. WHY is this so difficult for you? This is now the sixth time you have been asked the simple straightforward question. Why is it so impossible for you to answer?

QUOTE

Leaving aside the falsity of your implication that the first clause is a "limiting" factor, without that clause someone might be able to define "arm" in such a way as to only include arms for self-defense and hunting.


That is so full of wrong:

Firstly, no my interpretation is not false, you have simply asserted it is false with no substantiation whatsoever for your position.

Secondly: You assertion that 'people would assume limits' if the clause just said 'the right to keep and bear arms shall not be infringed' is absurd. How can making the statement MORE absolute result in people interpreting it as LESS absolute? That doesn't even pass the laugh test for logic.

Pity you didn't choose to answer any of the rest of the post. Been taking lessons from Ted?

QUOTE

Because a well regulated militia is better able to defend the security of a free state than an unregulated and undisciplined militia. So by all means, regulate the militia. But that in no way changes the fact that "the right of the people to keep and bear arms shall not be infringed."


And we come full circle. Again you just pretend the first clause doesn't exist, or more specificlly just 'emphasises' (but you define emphaises different from the dictionary, as established) it. Except that it doesn't. Read it over. It simply doesn't.

The firct clause is either a limiting factor, or its meaningless contextualisation. Of those two the second hardly seems likely unles you presume the founders were drunk.


But then, you believe civilians should have access to the whole range of military weapons including heavy machine guns tanks and mustard gas, so I find your other opinions on the meaning of the first amendment to be somewhat suspect.
Jaime
Let's debate this without belittling each other, please.

TOPICS

1 - What do you think this sentence means?
2 - Who are "the People"?
3 - Why "keep and bear arms"?
inventor
QUOTE(BoF @ Apr 30 2007, 10:01 AM) *


You make a good point DR. Times have changed since the Colonial and post Revolutionary militias. Early militia members were required to own their own guns. In current times, it's a lot more sophisticated than a bunch of guys grabbing their muskets and riding out to meet an Indian war party. Yet I fear some on the extreme right would welcome such an approach applied to Mexicans coming across our southern border.

Do you have any source to back up members were required to own their own guns.

From what I have read a long long time ago, a gun was very very expensive in those times. That it was the equivalent of something like several years worth of average wages. Thus the argument was this clause was not for the common person, just for the elitists to own the guns.

I have searched for that information a while back and can not find it too many hits on guns all over the place. Someone who is a gun history buff may have this data.
BoF
QUOTE(inventor @ Apr 30 2007, 05:48 PM) *

QUOTE(BoF @ Apr 30 2007, 10:01 AM) *


You make a good point DR. Times have changed since the Colonial and post Revolutionary militias. Early militia members were required to own their own guns. In current times, it's a lot more sophisticated than a bunch of guys grabbing their muskets and riding out to meet an Indian war party. Yet I fear some on the extreme right would welcome such an approach applied to Mexicans coming across our southern border.

Do you have any source to back up members were required to own their own guns.

From what I have read a long long time ago, a gun was very very expensive in those times. That it was the equivalent of something like several years worth of average wages. Thus the argument was this clause was not for the common person, just for the elitists to own the guns.

I have searched for that information a while back and can not find it too many hits on guns all over the place. Someone who is a gun history buff may have this data.


Yes, inventor and I’ve already addressed that here in the same post you quoted from. Sorry you missed it. blink.gif

QUOTE(Saul Cornell)
The original understanding of the Second Amendment was neither an individual right of self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms need to meet their legal obligation to participate in a well-regulated militia. Nothing better captured this constitutional ideal than the minuteman. Citizens had a legal obligation to outfit themselves with a musket at their own expense and were expected to turn out at a minute's notice to defend their community, state, and eventually their nation. The minuteman ideal was far less individualistic than most gun rights people assume, and far more martial in spirit than most gun control advocates realize.


http://hnn.us/roundup/comments/32795.html

QUOTE(BoF)
I have not read Saul Cornell's book, A Well Regulated Militia, but here is an Amazon link with some reviews.

http://www.amazon.com/Well-Regulated-Milit...8530&sr=1-1


Edited to add:

The words of David McCullough, in 1776 describing the Continental Army of which George Washington took command, are telling.

QUOTE
The arms they bore were 'as various as their costumes,' mainly muskets and fowling pieces (in effect, shotguns), and the more ancient the gun, it seemed, the greater the owner's pride in it. Page, 33
Vladimir
QUOTE(entspeak @ Apr 30 2007, 06:12 PM) *



However, the 2nd Amendment states very clearly that because a well-regulated militia is necessary, the right to keep and bear arms shall not be infringed. This speaks very clearly to the nature of militia's at the time. This is no longer the case - which is why the Amendment is outdated. The first clause isn't just emphasis, it is reason for protection.


Precisely.

However, as to the "means to revolt," this is totally outside the intent of the 2nd Amendment.

Also as for "civic rights" outside the rights of the states, constitutionally there is no such thing. The Constitution is a compact between the states and the Bill of Rights is a set of enjoinments on federal action. That is all. There is no positive right to anything asserted by the Bill of Rights; certainly no such thing as a "civic right."
inventor
BoF, Ok, not what I was looking for. I am looking for a the cost of a gun during those years in their present day buying terms. From the manufacturing standpoint it does not seem realistic a average person could afford a gun, confirming what I had heard many years ago. A good for instance if a machine shop was going to make guns (not assembly line) at about $100.00 per hour cost it would take a heck of a lot of hours, not 20 or 40, for a state of the art gun to be made. Obviously today's mass production factories with expensive optimized tooling can make then cheaply. Before the modern day assembly line cars could not be made/afforded by the average person.

if some gun historian can give us a link I would appreciate it.

Here is what I have found, . seems the british enemies did the supplying, so there were obviously not a lot of weapons here in the colonies.

http://www.militaryhistoryonline.com/revol.../caribbean.aspx
Clandestine Arms Supplies – 18th Century Style

QUOTE
Even before they made a final break with the British crown, the rebels were acutely aware of their need for arms and outside supplies, especially one item: gunpowder. For all the rustic images of self-sufficient yeoman farmers standing up to the redcoats, the Continental Army was essentially a modern army in that it could not take the field without a steady stream of supplies. Gunpowder, cannon, muskets, bayonets, all require a manufacturing base, albeit by our standards a rudimentary one. As early as late 1774, before open fighting broke out, agents of the Sons of Liberty were quietly buying gunpowder in Amsterdam, and shipping it to New England via the Dutch West Indies.

Like the Irish rebels in roughly that same period, the Americans soon found themselves looking to Britain’s traditional enemies, France and Spain, for money and arms. The French, still stinging from their defeat in the Seven Years War, were only too happy to oblige. In what we would today call a covert operation, the French foreign minister, the Comte d’Vergennes, in June of 1776 established a dummy corporation, Roderique Hortalez et Cie., to funnel arms clandestinely to the rebels. By early 1781 the French had provided the rebels with over 4.5 million livres worth of supplies and another 846,000 livres in subsidies through Hortalez & Company. In the first months of 1777 alone the Hortalez company sent out eight ships via Martinique, with 200 brass cannon, 300 flintlock muskets, 100 tons of gunpowder, 3000 tents, ammunition, and clothing for 30,000 men. It wasn’t embattled farmers the British were facing, it was embattled farmers with covert arms shipments.



these are great reads, see how this person was attacked for doing his research. Funny to read the wikipedia page and the comments, how the fanatics keep attacking the author with rude edits. to object to the second amendment with research can be harmful to your occupation and the attacks this person has endured is unreal. But that is why I am here expressing my opinion via not traceable. I have had a gun put in my face as well as a knife by two fanatics. One a KKK member and the other a thief who stole democrat signs which is a federal offense he was let off of. My sympathy goes to Dr, Bellesilles. shame in america we can not have civil debate.


http://www.oah.org/pubs/nl/2001nov/bellesiles.html
http://www.news.emory.edu/Releases/B_statement.pdf

Here is a guy (one of many) that did not like the previous author.
http://www.fee.org/publications/the-freema...le.asp?aid=2644
QUOTE
Were Guns Scarce?

Why were guns scarce? Because not only were they expensive, but also “the majority of American men did not care about guns. They were indifferent to owning guns, and they had no apparent interest in learning how to use them.”7 Bellesiles claims that marksmanship was extraordinarily poor and large numbers of adult men had no idea how to load a gun or how to fire one.
....

For example, Bellesiles claims that there were few firearms in Massachusetts at the start of the American Revolution, and most of them were publicly owned. He writes, “Massachusetts conducted a very thorough census of arms, finding that there were 21,549 guns in the province of some 250,000 people.” Bellesiles claims that this included all privately owned firearms.10


Now this gets close to the argument I heard many years ago that the cost was prohibitive of owning a gun. But I see furthur guns and gun powder were not made in this continent.
entspeak
QUOTE(inventor @ Apr 30 2007, 11:36 PM) *

Now this gets close to the argument I heard many years ago that the cost was prohibitive of owning a gun. But I see furthur guns and gun powder were not made in this continent.


Well, then it makes the importance of protecting the individual right to keep and bear one when one was forced to supply one's own weapon at such high cost, then doesn't it? wink.gif


But you asked BoF very specifically if he could back up his argument that members were required to suppy their own arms. He did so. How can you claim that this wasn't the information you were looking for?

Members of the militia were required to supply and store their own weapons. This is why it was necessary to protect the right to keep and bear arms. If they didn't protect this right, they wouldn't have had a well-regulated militia. But this isn't the case anymore. Which is why the 2nd Amendment is in need of an overhaul.
inventor
QUOTE(entspeak @ Apr 30 2007, 10:58 PM) *

QUOTE(inventor @ Apr 30 2007, 11:36 PM) *

Now this gets close to the argument I heard many years ago that the cost was prohibitive of owning a gun. But I see further guns and gun powder were not made in this continent.


Well, then it makes the importance of protecting the individual right to keep and bear one when one was forced to supply one's own weapon at such high cost, then doesn't it? wink.gif


But you asked BoF very specifically if he could back up his argument that members were required to suppy their own arms. He did so. How can you claim that this wasn't the information you were looking for?

Members of the militia were required to supply and store their own weapons. This is why it was necessary to protect the right to keep and bear arms. If they didn't protect this right, they wouldn't have had a well-regulated militia. But this isn't the case anymore. Which is why the 2nd Amendment is in need of an overhaul.
It was not the information I was specifically looking for, is what I meant; I was looking for the economic data. which I still have not found.

Well the documentation I have posted shows the person was not required to supply/buy and store their own weapons. In fact the guns were at times of peace stored by the community, as evidenced by the surveys of the inventories kept by the towns, and by the gifting of guns by the French to fight the English.

http://hnn.us/articles/691.html
QUOTE
Apologists for Bellesiles have argued on several occasions that anybody can make mistakes. As evidence they have pointed to a passage in the Emory Report taking James Lindgren to task for mistakenly claiming in his Yale Law Journal article that 57 percent of the troops in one unit of a 600-man Connecticut militia assembled to invade Canada in 1746 were armed. In fact, 57 percent of the men belonging to this one unit--the least-armed unit in the militia--were unarmed. As soon as the mistake was brought to his attention, Lindgren corrected his article and owned up to the mistake on HNN and other websites.



the below says two months of wages. I would like to see this in a second source. they also point out till the 1840s colt perfected the design. the civil war time guns were then mass produced.
http://www.bookreporter.com/reviews/0375402101.asp

QUOTE
As a provider of weapons, the state was barely more effective than individuals. Before the Revolutionary War, states were able to provide weapons for far less than one-half of their militia members. The government attempted to buy weapons from individuals and offered rewards to those volunteers who brought their own, but very few militia members were able to take advantage of this offer. Bellesiles inform us that, "In one company of 85 men, only seven showed up with their own guns. The record indicates that this figure of eight percent was fairly typical throughout the colonies." Ironically, this shortage of weapons led to conduct that would be decried by contemporary gun ownership advocates. Firearms were confiscated and regulated. Owners were required to maintain their weapons. Colonies took a gun census. Weapons were seized by the militia if the owners did not use them. Guns might be privately owned, but they were regulated by the state.

In the Colonial era, the weapon of choice was the musket, which cost a skilled worker the equivalent of two month's pay. It required constant attention to maintain and was not efficient for either self-defense or hunting. It was difficult to reload and was not accurate beyond a few hundred feet. Most American farmers chose to raise and consume domestic animals, such as chickens and pigs, rather than hunt with a weapon that was of little value. The few homicides that occurred during the Colonial era were committed with knives; guns were simply not a weapon of value to most Americans at the time of the Nation's birth.



another attacker, but polite... note one of the main issues has been cleared up the data that was claimed in San Francisco was actually found in Contra Costa, and the authors notes were damaged in a flood at the university which whether he got the information at San Francisco or contra costa is a pathetic argument by the detractors.
http://www.etherzone.com/2002/antl011102.shtml
QUOTE
Bellesiles argues in his book that a 1792 law requires Congress to supply guns to militia members, while Cramer exhaustively shows that the law required militia members to bring their own guns
thus we have a debate...

http://www.historycooperative.org/cgi-bin/...9.1/rakove.html
QUOTE
Bellesiles never tackles such vexed subjects as the significance of the Senate's decision to delete the key qualifying phrase "composed of the body of the people" that followed the mention of "militia" in the House version of the amendment or whether the usage of the word "people" in the Constitution is always tantamount to the aggregate of all individuals.


http://www.corporatemofo.com/stories/040201bellesiles.htm
QUOTE
Academic freedom is not something that should be compromised as a result of petty political squabbles. Whether or not you agree with his thesis—and it is certainly your perogative to challenge his arguments—Michael Bellesiles, and Arming America, both deserve a second chance. (Hell, considering that known plagiarists Kearns Goodwin and Ellis both won the Pulitzer Prize, he should probably be given that, too.) The second edition of the book deserves scholarly appraisal and vindication, and his arguments deserve serious consideration by academics. The way to defeat any position you disagree with is not to belittle the speaker; it is to engage the argument itself. Until the absolutist-gun-rights camp does this, the rhetoric that they are so eager to spout forth cannot be taken seriously.

http://www.historyhouse.com/book/0375402101/
QUOTE
This newly armed populace was more than willing to shoot to kill. Murder rates in the United States exploded after the Civil War -- not in the Wild West, but the in larger cities on the East Coast, where several cities instituted legislation to restrict the carrying of concealed weapons. As is true today, murder rates are higher where guns are easy to get. However, the "Wild West" was not so wild, as the infamous body counts so popular in movies were exaggerated. Billy the Kid might have been insane, he appears to have only killed three people, not the twenty-two he's generally credited with.


Google
entspeak
QUOTE(inventor @ May 1 2007, 11:22 AM) *

http://www.etherzone.com/2002/antl011102.shtml
QUOTE
Bellesiles argues in his book that a 1792 law requires Congress to supply guns to militia members, while Cramer exhaustively shows that the law required militia members to bring their own guns
thus we have a debate...


Well, here is the 1792 law:

Militia Act of 1792

And here is the appropriate quote from that Act:

QUOTE
That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of power and ball; or with a good rifle, knapsack, shot-pouch, and power-horn, twenty balls suited to the bore of his rifle, and a quarter of a power of power; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack.


I don't think that your author, Bellesiles, is correct in his assertion. I could find nothing in that Act requiring Congress to supply guns to militia members.
inventor
endspeak, thanks for posting the act, and I thought my grammar was bad....

but I find you may have missed the most important parts of the paragraph in question. and missed another concept in another. which clearly for one shows the militia is not your average citizen but a armed force now known as the national guard.

QUOTE
I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of power and ball; or with a good rifle, knapsack, shot-pouch, and power-horn, twenty balls suited to the bore of his rifle, and a quarter of a power of power; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.


I interpret the above that anyone can be drafted for the militia by the local commander between the ages of 18 and 45 and at most spend 3 months in a year. And the required guns must be had by the Malia member within 6 months of said notice. and that they use government money to pay for it by deducting the money from taxes.

then in IV we note the following... where we see clearly if the guns were at the members expense it would have been clearly written as shown below as the members must pay for their uniform..
QUOTE
That each company of artillery and troop of house shall be formed of volunteers from the brigade, at the discretion of the Commander in Chief of the State, not exceeding one company of each to a regiment, nor more in number than one eleventh part of the infantry, and shall be uniformly clothed in raiments, to be furnished at their expense,
BoF
QUOTE(inventor @ Apr 30 2007, 11:36 PM) *
I am looking for a the cost of a gun during those years in their present day buying terms. From the manufacturing standpoint it does not seem realistic a average person could afford a gun, confirming what I had heard many years ago.


Inventor, the 2nd Amendment did not arrive in a vacuum, but was a product of the years of experience dating to times before the revolution.

In his definitive seven volume biography, perhaps the greatest biographer and military historian of his day, Douglas Southall Freeman had this to say about the Virginia of Washington’s youth.

QUOTE
The master hunted for the fun of it, the servant for the meat of it….the hungry man shot what he chanced to find. Freeman, George Washington Vol. 1, Page 118-119.


From this, I think we can say that gun ownership was common, regardless social standing or wealth. It was a matter of necessity.

How much did guns cost? That’s a good question. In colonial Virginia, for example, both English and Spanish coin were used. Rectors of the Church of England, sent from the mother country or approved by the crown from people in the colonies, were paid 16,000 lbs of tobacco. At today’s rate this would be a salary of about $24,000.00 per year. I doubt the poorest of Episcopal ministers makes this paltry a sum.

Inflation does not hit everything the same way. I doubt you could answer this question without a great deal of research. Perhaps you are up to that and I don't mean Google seaches, but looking for obscure primary source documents in dusty out of the way libraries. There are some things, that require one to do their own difficult digging if they really want an answer to a question.

QUOTE(inventor @ May 1 2007, 11:22 AM) *
the below says two months of wages. I would like to see this in a second source. they also point out till the 1840s colt perfected the design. the civil war time guns were then mass produced.

http://www.bookreporter.com/reviews/0375402101.asp


From the antecedents of the 2nd amendment in colonial time to the Civil War is, give or take, about a century of history. You have drawn your scope over such a long and change filled period of history that your position is incomprehensible and unmanageable.

QUOTE(inventor @ May 1 2007, 02:49 PM) *
QUOTE
I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of power and ball; or with a good rifle, knapsack, shot-pouch, and power-horn, twenty balls suited to the bore of his rifle, and a quarter of a power of power; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.


I interpret the above that anyone can be drafted for the militia by the local commander between the ages of 18 and 45 and at most spend 3 months in a year. And the required guns must be had by the Malia member within 6 months of said notice. and that they use government money to pay for it by deducting the money from taxes.


You are quibbling here. Some people already owned a gun as I've illustrated in my previous quote from David McCullough and this one here from Douglas Southall Freeman. If the person did not own a gun, they still had to buy it before they could deduct the item from their taxes. It’s not much different from today. To be able to deduct items whether individual or business - through depreciation - one has to spend the money first.

I have a question for you inventor. After deducting the gun from from a person's taxes, did the individual own the gun or did it become government property?
entspeak
Inventor...

QUOTE
...shall, within six months thereafter, provide himself with a good musket or firelock...


provide himself...

QUOTE
and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes[/b].


Although the rhetoric is archaic, it is clear when you break it down. It basically states that every citizen enrolled in the militia - being required to provide himself with arms, ammunitions and accoutrements - shall keep them (that is what is meant by 'hold the same') and these arms, ammunitions and accoutrements can't be seized or forfeit for the reasons listed... including payment of taxes. When you owe money people can seize goods in lieu of cash - hence the phrase, "losing your shirt." Because citizens enrolled in the militia were required to provide themselves with arms, those arms couldn't be subject to seizure for the reasons listed or be required to be sold in order to pay a debt.
DaytonRocker
QUOTE(entspeak @ May 1 2007, 09:39 PM) *

Although the rhetoric is archaic, it is clear when you break it down. It basically states that every citizen enrolled in the militia - being required to provide himself with arms, ammunitions and accoutrements - shall keep them (that is what is meant by 'hold the same') and these arms, ammunitions and accoutrements can't be seized or forfeit for the reasons listed... including payment of taxes.

Only if they were at least 17 years old, not older than 45, able-bodied, male, and white.

All these arguments do not address people that fall outside of the definition of a militia at that point in time. And since we have a standing army now, you can't use those weapons when called to service.

So, your argument would be that the second allows you to be armed to fight bad guys, but when called to serve, you can't use them. This is as bad as somebody's premise that our right to violently overthrow the government is protected, but actually doing it is illegal.
Sleeper
QUOTE(Artemise @ Apr 30 2007, 04:44 AM) *

QUOTE
And where the heck do you get ANY of this from the words 'a well regulated militia'? Why do you think they chose those words: a well regulated militia?


It meant black slaves and possibly freed blacks could not own guns, everyone else was within boundaries of a 'well regulated militia' at the time. Every farm owner, soldier, patriotic citizen, EVERYBODY owned guns, except the Quaker abolitionists and peacemakers. Every abiding, and even some non abiding citizens were armed, it was, after all a Revolutionary War that was won by citizen 'Militia' and needed.
Militia is not Army, it is citizenry. Who do you think they meant to exclude, given time and place? Intellectuals? Some 'non-regulated' arbitrary people, whoever they might be?

Obviously they did not want anarchy, so a 'well regulated' had to be placed or we would have a 'shoot em up, the Constitution says its ok' scenario, which did happen in the West. Suggesting BTW that gun ownership and use is not open, without restrictions. Towns in the west HAD gun laws, mandatory registration and check ins at the sheriffs office.

However, a well regulated militia (a gun owning citizenry) was deemed necessary (and is now more than ever), and it IS regulated by controls and restrictions deemed by society, and therefore is the definition of the second amendment, in that the right to bear arms is not abridged and is regulated, organised and controlled by the citizenry, a well regulated militia.
After all, what is your last line of defense? Not the government! They have proven themselves ineffective and totally incompetent. Can you argue otherwise? I challenge anyone to declare the government can protect us.

The Founders knew the government could never be trusted over time and they wrote about it. That the Republic would eventually be taken over by self interested parties. But they really tried, and for that we have the 2nd amendment, and in the Declaration of Independence- the right to overthrow, and the only way that happens is violently, not by a bunch of disarmed 'voters'. I hate to bring up Hitler, Stalin or Mussolini, but it happened, to masses of intelligent, democratic, nice,' who the hell saw it coming', people. They were not any more stupid or any less 'surprised' than we shall be. We march ourselves down that road, out of fear, complicitely. Self censorship, self disarmament, signing up for body chips, they have no work, we do it to ourselves.

Some dare to say the Declaration of Independence is useless in this argument, hmmn, like the Bill of Rights and the Constitution being thrown away so easily these days. We are oh so willing to release ourselves from the very documents that protect us from tyranny. There was ONE reason we were afforded these rights. To Protect us from Tyranny- that the Founders WROTE about, SAW in their lives, SAW coming, KNEW would happen, because it happens Always, in every form of government.

"The Constitution is just a piece of paper". GW Bush

Please do not work towards disarming yourselves. It is the most incredibly stupid move you can make. The government will work to disarm us fast enough, without you helping them.


Although I rarely agree with many of Artemise's politics she makes some very strong points here and I completely agree with her thinking(although I find it funny other liberals in this thread ignored her points hmmm.gif ).

Disarming the citizenry is a perfect way for a government gone bad to keep a hold on the people. I ,like Artemise, believe the founders saw this, and knew that eventually a government would come to be that the citizens would have to rise against.


inventor
QUOTE(entspeak @ May 1 2007, 07:39 PM) *

Inventor...

QUOTE
...shall, within six months thereafter, provide himself with a good musket or firelock...


provide himself...

QUOTE
and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes[/b].


Although the rhetoric is archaic, it is clear when you break it down. It basically states that every citizen enrolled in the militia - being required to provide himself with arms, ammunitions and accoutrements - shall keep them (that is what is meant by 'hold the same') and these arms, ammunitions and accoutrements can't be seized or forfeit for the reasons listed... including payment of taxes. When you owe money people can seize goods in lieu of cash - hence the phrase, "losing your shirt." Because citizens enrolled in the militia were required to provide themselves with arms, those arms couldn't be subject to seizure for the reasons listed or be required to be sold in order to pay a debt.

Ok I like your encryption better... but of the line
QUOTE
and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.
but the part where it states and providing himself with only makes sense to be included if the gun is not being provided to him. Otherwise one would not say and providing himself with.

and again the other paragraph was very clear where it said the individuals MUST pay on their own for the uniform. in absence of this for the guns it is obvious to me that the guns did NOT HAVE to be paid for by the member. But certainly could be and once you did on your own it could not be removed if you were in the militia for collection, but did not exclude for breaking the law or other causation.

BoF, I searched for that specific quote and could not find it on the internet. Thus I would like to see the context of it.

as far as the inflation point I agree that this is a hard thing to quantify in todays terms. But from what I understand and as in the book I referenced a gun was not greatly available to all. as noted we received gifted guns from France and Spain to fight the English, seems we were not well armed as some say if other nations had to give us the weapons to secure our freedom. I think that is a glaring hole right there.

I also note from the book I referenced as he pointed out from the crime statistics murder rate only went up significantly when colt was making reliable multishot guns in mass production around the civil war time.

http://www.cs.cmu.edu/afs/cs.cmu.edu/user/...ews_v_state.txt

Cite as Matthews v. State, 237 Ind. 677 (1958)

MATTHEWS v. STATE OF INDIANA.

[No. 29,574. Filed March 6, 1958.]

QUOTE
The Continental Congress on July 18, 1775, resolved that it be
recommended to the various Colonies that all able-bodied effective
men, between 16 and 50 years of age be formed into regular
companies of militia, but the difficulty of finding arms still
persisted. Many militiamen had arms unsuitable for use in the
field. It was easier to get men than to arm them.
[footnote 4] In
the siege of Boston when the Connecticut militia returned home,
those who had suitable arms had them seized by the army with
arrangements made for compensation. But the historical evidence is
undisputed that before the close of the Revolution muzzle-loaded
flintlock pistols were being owned and used by some members of the
Continental Army; so the right to bear arms as first recognized by
the Forefathers not only included cutting swords, muskets, rifles
and shotguns, but also pistols. [footnote 5] Arms were not only
necessary for the equipment of the militia (see U. S. v. Miller
(1939), 307 U. S. 174, 59 S. Ct. 816, 83 L. Ed. 1206), but the
necessities of each man being in a position to protect himself and
his property were so obvious that the Forefathers chose not to rely
upon mere legislation to guarantee the right.


the footnote 4 was from your cited person...

QUOTE
4. "If what he had observed in Virginia was typical of conditions
in the other Colonies, it was far easier to get men than to arm
them. Expanded manufacture of firelocks and explosives would be
difficult to begin and of doubtful issue." Vol. 3, Douglas Southall
Freeman, George Washington, p. 442.



http://www.fredericksburg.com/News/FLS/200...dex_html?page=2
QUOTE
During the Revolution, the ironworks produced all manner of armament, anchors, ship fittings and even cooking implements for Virginia's Continental Army. The plant was considered so important that then-Gov. Thomas Jefferson ordered that it be protected.

James Mercer, a Staffordian who served in the House of Burgesses, writing to Jefferson in April 1781, noted the importance of the site:

"I am sure I need not tell you that it is from Mr. Hunter's Works that every camp kettle has been supplyed [sic] for the continental and all other troops.There is not one spot in the state so generally useful in our military operations."

http://americanhistory.si.edu/militaryhist...ject.asp?ID=446
General History
QUOTE
Congress was finding it difficult to arm its soldiers after Lexington and Concord. By 1778, there were six Continental arsenals located in the colonies. Virginia founded a State Gun factory in 1775 but most states resorted to employing private gunmakers who gathered mixed and scavenged parts to fashion muskets. Virginia’s Rappahannock Forge was one of the private gunmakers supplying the colonies, It is estimated that during the War for Independence about 80,000 muskets were American mixed-pattern muskets.


http://www.rbais.com/cfl-vassar/lewis.html

QUOTE
He served on the Committee of Safety of Fredericksburg and in 1775 was appointed, along with Charles Dick and three others, to establish and equip a manufactory of small arms for the newly formed government. Virginia's third revolutionary convention contributed the first 25,000 pounds, but most of the operating funds came from the personal account of Colonel Lewis. It was the first such factory in America. Two historical markers have been placed at the site near Walker-Grant Middle School on Gunnery Road. One marker describes use of the land during the Spanish American War and a spring located there. The other marker (left) describes the gun factory.

In May 1777, a visitor to the "Fredericksburg Gunnery" reported that workers there were producing "20 musquets, complete with bayonets" a week. Of this production schedule, the Kenmore Association says:

"Unfortunately, the patriotic zeal which distinguished Col. Lewis also ruined him financially. He advanced increasingly large sums from his personal funds for the expenses of the Fredericksburg Gunnery as well as for outfitting ships."


just trivia... there is a photo of the gun on this link.

http://www.maineantiquedigest.com/articles...irearms0507.htm
QUOTE
This 18th-century flintlock pistol is one of only about 15 known to exist that were made at the Rappahannock Forge in Falmouth, Virginia. Forty years have passed since the last example came up at auction. The forge, near Fredericksburg, was owned by James Hunter, who, with his craftsmen, made guns for the American patriots during the Revolutionary War. Most of the barrels were marked “Hunter,” but this one has a rarer “Schreider” stamp, in addition to the “Rap a. Forge” marking.

Bidders found themselves competing against a small museum in Fredericksburg that simply had to own this gun. But where would it get the money? An anonymous benefactor of the museum said he would front the purchase. He may have been surprised at how much was required. The pistol sold for $170,250. After 240 years, the gun came home. It went on display briefly but will stay in storage until next spring when the Fredericksburg Area Museum and Cultural Center opens a new wing in a former bank building. Fredericksburg at War will be the name of the exhibit. Documents provided with the gun reveal it was purchased for $1.25 at a Pennsylvania farm auction in 1908. After several owners, it went to California in 1967. Greg Martin Auctions photo.
BoF
QUOTE(inventor @ May 1 2007, 11:39 PM) *

QUOTE(entspeak @ May 1 2007, 07:39 PM) *

Inventor...

QUOTE
...shall, within six months thereafter, provide himself with a good musket or firelock...


provide himself...

QUOTE
and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes[/b].


Although the rhetoric is archaic, it is clear when you break it down. It basically states that every citizen enrolled in the militia - being required to provide himself with arms, ammunitions and accoutrements - shall keep them (that is what is meant by 'hold the same') and these arms, ammunitions and accoutrements can't be seized or forfeit for the reasons listed... including payment of taxes. When you owe money people can seize goods in lieu of cash - hence the phrase, "losing your shirt." Because citizens enrolled in the militia were required to provide themselves with arms, those arms couldn't be subject to seizure for the reasons listed or be required to be sold in order to pay a debt.


Ok I like your encryption better... but of the line
QUOTE
and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.
but the part where it states and providing himself with only makes sense to be included if the gun is not being provided to him. Otherwise one would not say and providing himself with.

and again the other paragraph was very clear where it said the individuals MUST pay on their own for the uniform. in absence of this for the guns it is obvious to me that the guns did NOT HAVE to be paid for by the member. But certainly could be and once you did on your own it could not be removed if you were in the militia for collection, but did not exclude for breaking the law or other causation.

BoF, I searched for that specific quote and could not find it on the internet. Thus I would like to see the context of it.



Inventor you have led us off a cliff here. None of the quotations from your preceeding post are mine. Other than the ones you provided, they are, as best I can tell, all from entspeak. If you were referring to something I wrote in an earlier post, please be specific.
inventor
QUOTE(BoF @ May 1 2007, 10:56 PM) *



Inventor you have led us off a cliff here. None of the quotations your preceeding post are mine. Other than the ones you provided, they are, as best I can tell, all from entspeak. If you were referring to something I wrote on another post, please be specific.


I was refering to your post on Freeman... here to get you back on good footing, in the above I found a citation that is directly related to the subject. I posted it above but here it is again from the author you cited, Freeman. This specifically implies the opposite of what many are contending. This statement was used as a source in a court ruling. Then I posted a foundry that I assume was a state of the art as it was to be protected by a request in a letter to Jeferson, this gunnery was producing 20 guns a week. you can not arm a heck of a lot of people with 20 guns a week.

http://www.cs.cmu.edu/afs/cs.cmu.edu/user/...ews_v_state.txt

Cite as Matthews v. State, 237 Ind. 677 (1958)

MATTHEWS v. STATE OF INDIANA.

[No. 29,574. Filed March 6, 1958.]


QUOTE
QUOTE
The Continental Congress on July 18, 1775, resolved that it be
recommended to the various Colonies that all able-bodied effective
men, between 16 and 50 years of age be formed into regular
companies of militia, but the difficulty of finding arms still
persisted. Many militiamen had arms unsuitable for use in the
field. It was easier to get men than to arm them. [footnote 4]
In
the siege of Boston when the Connecticut militia returned home,
those who had suitable arms had them seized by the army with
arrangements made for compensation. But the historical evidence is
undisputed that before the close of the Revolution muzzle-loaded
flintlock pistols were being owned and used by some members of the
Continental Army; so the right to bear arms as first recognized by
the Forefathers not only included cutting swords, muskets, rifles
and shotguns, but also pistols. [footnote 5] Arms were not only
necessary for the equipment of the militia (see U. S. v. Miller
(1939), 307 U. S. 174, 59 S. Ct. 816, 83 L. Ed. 1206), but the
necessities of each man being in a position to protect himself and
his property were so obvious that the Forefathers chose not to rely
upon mere legislation to guarantee the right.


the footnote 4 was from your cited person...


QUOTE
4. "If what he had observed in Virginia was typical of conditions
in the other Colonies, it was far easier to get men than to arm
them. Expanded manufacture of firelocks and explosives would be
difficult to begin and of doubtful issue." Vol. 3, Douglas Southall
Freeman, George Washington, p. 442.
BoF
QUOTE(inventor @ May 2 2007, 12:28 AM) *

QUOTE(BoF @ May 1 2007, 10:56 PM) *



Inventor you have led us off a cliff here. None of the quotations your preceeding post are mine. Other than the ones you provided, they are, as best I can tell, all from entspeak. If you were referring to something I wrote on another post, please be specific.


I was refering to your post on Freeman... here to get you back on good footing, in the above I found a citation that is directly related to the subject. I posted it above but here it is again from the author you cited, Freeman. This specifically implies the opposite of what many are contending. This statement was used as a source in a court ruling. Then I posted a foundry that I assume was a state of the art as it was to be protected by a request in a letter to Jeferson, this gunnery was producing 20 guns a week. you can not arm a heck of a lot of people with 20 guns a week.

http://www.cs.cmu.edu/afs/cs.cmu.edu/user/...ews_v_state.txt

Cite as Matthews v. State, 237 Ind. 677 (1958)

MATTHEWS v. STATE OF INDIANA.

[No. 29,574. Filed March 6, 1958.]


QUOTE
QUOTE
The Continental Congress on July 18, 1775, resolved that it be
recommended to the various Colonies that all able-bodied effective
men, between 16 and 50 years of age be formed into regular
companies of militia, but the difficulty of finding arms still
persisted. Many militiamen had arms unsuitable for use in the
field. It was easier to get men than to arm them. [footnote 4]
In
the siege of Boston when the Connecticut militia returned home,
those who had suitable arms had them seized by the army with
arrangements made for compensation. But the historical evidence is
undisputed that before the close of the Revolution muzzle-loaded
flintlock pistols were being owned and used by some members of the
Continental Army; so the right to bear arms as first recognized by
the Forefathers not only included cutting swords, muskets, rifles
and shotguns, but also pistols. [footnote 5] Arms were not only
necessary for the equipment of the militia (see U. S. v. Miller
(1939), 307 U. S. 174, 59 S. Ct. 816, 83 L. Ed. 1206), but the
necessities of each man being in a position to protect himself and
his property were so obvious that the Forefathers chose not to rely
upon mere legislation to guarantee the right.


the footnote 4 was from your cited person...


QUOTE
4. "If what he had observed in Virginia was typical of conditions
in the other Colonies, it was far easier to get men than to arm
them. Expanded manufacture of firelocks and explosives would be
difficult to begin and of doubtful issue
." Vol. 3, Douglas Southall
Freeman, George Washington, p. 442.


I'm not sure the two passages are in contradiction. The one I sat and typed out from the book was from the Virginia of Washington's youth, meaning from 1732-1758. The quotation you lifted from the Matthew case was from nearly two decades later at the beginning of the Revolutionary War. In Vol. 3 Freeman discusses armaments in detail in the chapter on the siege of Boston. I don't have time to read this right now. You will note that your own link indicates that domestic production of firearms was inadequate. Further, Washington was thinking about more than firelocks and muskets. In the same paragraph you mention from Freeman, Vol, 3, page 442, the author goes on to talk about cannon. Freeman says that Washington probably knew about those taken at Ticonderoga, but had little knowledge of how many might be left from the close of the French and Indian War. Uh, context?

Here is another, source - americanrevolution.org.

QUOTE
To polish the barrel of a gun with buckskin and to keep a gloss on the stock by frequent use of oil and wax required more time than the average soldier could or perhaps would give;2 so that during the war many of the firelocks soon wore out from exposure to the weather; some were lost in difficult marches, and others becoming broken could not easily be repaired, since the parts were usually hand-made and a new part had to be fitted to its place. The Continental Congress, July 18, 1775, in recommending the formation of militia companies, suggested that each soldier have a good musket that would carry an ounce ball, a bayonet, steel ramrod, worm, priming wire, and brush fitted thereto, a cutting-sword or tomahawk, a cartridge-box to contain twenty-three rounds of cartridges, twelve flints, and a knapsack The barrel was to be three and a half feet long. In time Congress established a Continental gun-factory at Lancaster, Penn., and a gun-lock factory at Trenton.3

When the militia soldier provided his own firelock his contribution to the cause was considerable for those days. In Massachusetts a gun and bayonet were estimated by the Provincial Congress to be worth £2;4 in Pennsylvania in 1776 a gun brought about the same sum. In Virginia in 1778 a gun appears to have been worth from £3 to £5, and a rifle a pound or two more; a drum was valued at half as much. At this time £5 would buy about fifteen cords of wood, pay a laborer for two weeks' work, or purchase some fifty bushels of coal.5


http://www.americanrevolution.org/soldier4.html

Please note that it does mention some things about the price of muskets in the colonies.

Again David McCullough indicates that the Revolutionary Army Washington took command of supplied their own guns, at least in the beginning.

QUOTE
The arms they bore were 'as various as their costumes,' mainly muskets and fowling pieces (in effect, shotguns), and the more ancient the gun, it seemed, the greater the owner's pride in it. Page, 33


Given...

1. Freeman's statement in Vol. I,

2. McCullough's statement reposted above,

3. The quotation from Saul Cornell's A Well Regulated Militia,

http://www.amazon.com/Well-Regulated-Milit...6806&sr=1-2

4. The article from american revolution.org, I linked above, and

5. Entspeak's link to the Militia act of 1791,

there is a pretty overwhelming array of evidence against your position.

I'm not sure how much in the way of armaments the French povided. It should be remembered that the colonies were at war with the French and Indians during the first of Washington commands as a young man in his early 20s. What Washington encountered at that time was much the same as what the British general Braddock encountered - a general lack of supplies including wagons and food. The French did provide a substantial amount in loans, thanks to the efforts of Benjamin Franklin.

Part of the problem, Inventor is that we're talking about a rather long period of history. from Washington's birth to the Militia act of 1791 is a fifty-nine or sixty years of history. Yet it seems private ownership of guns was a thread than ran throughout. If you add the Civil war, as you did earleir, were talking about a century.

QUOTE(inventor @ May 1 2007, 11:39 PM) *
BoF, I searched for that specific quote and could not find it on the internet. Thus I would like to see the context of it.


I guess that just goes to show that not all information is on the internet. Have you tried the public library? dry.gif Without sittting here typing it out I will, however, povide some context. The words I quoted from Freeman, Vol. 1, concerned life in Virginia during Washington's youth. This paagraph came from a section on amusement. Those of high station in Virginia's class system used guns for sport - hunting. Those of lesser station used them to hunt for food. Listed in that paragraph are the type of game in the woods of Virginia. Whether one was hunting for fun or food, or perhaps trying to keep from getting scalped by Indians, one still needed a gun.

BTW: I don't particularly have a dog hunting in the 2nd Amendment controversy. By choice, I do not own a gun and have never owned anything more than a BB gun. I don't particularly like them, but living in Texas, I have a number of friends who do own them. That's their business and besides anti-gun arguments simply can't be won here.
Mrs. Pigpen
QUOTE(DaytonRocker @ May 1 2007, 11:05 PM) *

QUOTE(entspeak @ May 1 2007, 09:39 PM) *

Although the rhetoric is archaic, it is clear when you break it down. It basically states that every citizen enrolled in the militia - being required to provide himself with arms, ammunitions and accoutrements - shall keep them (that is what is meant by 'hold the same') and these arms, ammunitions and accoutrements can't be seized or forfeit for the reasons listed... including payment of taxes.

Only if they were at least 17 years old, not older than 45, able-bodied, male, and white.


So those over 45 were required to turn over their weapons? How about women, they weren't permitted to own firearms? That's a historical detail I'm unfamiliar with. dry.gif

QUOTE
All these arguments do not address people that fall outside of the definition of a militia at that point in time. And since we have a standing army now, you can't use those weapons when called to service.


I don't know of any country outside of the third world that requires its soldiers to bring their own personal arms. It's an issue of quality control. This isn't ancient Sparta.

Edited to add: People seem to forget in these sorts of debates who the enemy was during that time. Our primary fear wasn't that the British would launch a new campaign against us...it was the Native Americans who seemed to believe that they had the right to live* on the property we deemed to be our "free state"...even as it moved west (*that was sarcasm in case it's missed). The population secured that free state, and it was comprised of every able-bodied non-slave. That included people younger than 17, and women. The only ones it didn't include were slaves and they weren't covered under any other Constitutional guarantees.
entspeak
QUOTE(inventor @ May 1 2007, 11:39 PM) *


Ok I like your encryption better...


Huh?


QUOTE
but of the line
QUOTE
and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.
but the part where it states and providing himself with only makes sense to be included if the gun is not being provided to him. Otherwise one would not say and providing himself with.


Yes. Thus your author, Bellesiles, is wrong when he argues:

QUOTE
in his book that a 1792 law requires Congress to supply guns to militia members


Congress doesn't supply guns to militia members, they must provide themselves with guns.

QUOTE
and again the other paragraph was very clear where it said the individuals MUST pay on their own for the uniform.


What the line you mention refers to is the manufacture of the uniforms. The Brigadier in command of the brigade would determine the fashion and color and then it was up to the individual to have it made at their own expense. And, if you note, the uniform line only refers to a company of artillery and troop of horse (calvary). And each calvaryman (dragoon) was to furnish himself with a horse. It wasn't furnished by the government... yet there is no mention of how the horse was to be paid for. It makes sense for Congress to say, "Bring your own weapon - we won't be supplying that, calvarymen bring your own horse - we won't be supplying those either... now, artillery and calvary need uniforms and the fashion and color will be determined by the Brigadier commanding the brigade, but we will not be paying for them... the members of those companies must furnish themselves with uniforms at their own expense."

It seems to be a matter of emphasis.
Vladimir
Would someone please say what all this detailed parsing of archaic militia ordinances is about, one way or the other? I do not see its relevance to the issue.

In contradiction to Arimise, neve, when there actually was a militia was this equated with the totality of the citizenry or with the group of all armed citizens. Equally it is true that there were not permanent rolls. A militia existed from the time it was formed, typically after a call to arms went out for some particular purpose, e.g., Virginia's invasion of the Ohio country in 1774. It was organized into companies and larger units, typically with elected officers. Most often 60 or 90 days, about as long as the summer campaign season, was the contemplated duration of service. Usually it served under a state-appointed or nationally-appointed commander (as when Lord Dunmore personally led the Virginia militia into the West, or earlier when Henry Bouquet led the Pennsylvania militia into Ohio). In every case while the militia was in service, there was a chain of command from the supreme territorial authority down to the lowliest private. That is what it means to have a well-regulated militia.

It was not at all unusual that people reported for duty without any, or without adequate, firearms. That almost all Americans were well-armed at the time of the revolution is a myth. The lives of the the majority frontiersmen were apallingly hardscrabble; even a hoe or an iron pot was quite expensive, and these things were vastly more useful to preserving life than a gun. The cultivation of corn, not hunting, was the life-or-death pursuit, and it occupied the great bulk of the labor most households. Those who were moderately well off could afford a cow and a few pigs. The eastern woodlands were never rich in game; even the Shawnee and the Iroquois, who were expert hunters, spent most of their time growing corn.

In any case, it is obvious why national leaders in the late 1700s would have wished to foster and preserve the local militias (which were under state aegis). At the time and particularly on the frontier, these were the only means of territorial defense. Equally obviously, any federal enactments impeding access to arms would have undermined the militias, and yes, is there in black and white that this was the precise concern that underlay the 2nd Amendment.

The local militias vanished with the defeat of Tecumseh; there was no further need. Equally for that reason, the 2nd Amendment became essentially vacant. It would only have practical force if it became necessary, once again, to form territorial militias, and these required, Swiss-Army-like, the keeping of arms at home. Very simply and decisively for this discussion, there is no military chain of command into gun-owning households. Hence there is no well-regulated militia.

It is perhaps worth observing that the Constitution does not say "The right of a people to rise up in rebellion against the government being necessary to a free society," and so forth. There is no valid basis for assuming that it means anything of the kind. But if that were the basis of the 2nd Amendment, it would very difficult to restrict even heavy arms, 50-caliber machine guns and 80-mm mortars, for example, since these are quite useful for purposes rebellion.
entspeak
QUOTE(Vladimir @ May 2 2007, 12:35 PM) *

Would someone please say what all this detailed parsing of archaic militia ordinances is about, one way or the other? I do not see its relevance to the issue.


It goes to why the first clause was included and, ultimately, why the right was protected in the Constitution.

If a member of the militia was required to provide himself with arms and might be called upon to use those armaments, to have a law infringing upon the right to keep and bear arms would have an adverse effect on the Militia. So, being that a well regulated Militia is necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.
Blackstone
QUOTE(Vermillion @ Apr 30 2007, 03:29 PM) *
now you have upgraded to ad hominum attacks as well.

No, rebuking you for lying isn't ad hominem. Saying, "you believe civilians should have access to the whole range of military weapons including heavy machine guns tanks and mustard gas, so I find your other opinions on the meaning of the first amendment to be somewhat suspect." - that's ad hominem (and a lie).

QUOTE
Firstly, no my interpretation is not false, you have simply asserted it is false with no substantiation whatsoever for your position.

And the substantiation of your position is where to be found, exactly? If you want substantiation, I can provide it, but you'll have to pay attention.

The phrase "well regulated militia" was not invented by the authors of the 2nd Amendment, and "regulated", in this context does not mean civilian gun control. One of the older definitions of the word "regulated", as applies to a body of troops, is, "properly disciplined" (you can look this up in the unabridged Oxford English Dictionary if you don't believe me).

So when Article VI of the continental confederation, drafted in 1776, prescribed that "every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered," it was not calling for states to enact gun control laws to keep people from shooting each other in the streets. If that was ever a concern at all, it was at most a local concern, and in drafting the Articles of Confederation, its authors were completely unconcerned with local matters. What they wanted were militias that were capable of competing with regular soldiers ("regular" being defined in this military context by the OED as "properly and permanently organized").

So when the 2nd Amendment (echoing state constitutions) holds that a "well regulated" militia is the best defense, it refers to a well disciplined, properly trained militia. Militias were constantly characterized as being just the opposite by supporters of standing armies. So the "well regulated" was there to emphasize that not just any militia was called for, but one that was actually capable of doing its job. So to answer the thread's question, another way of saying the exact same thing as the 2nd Amendment is: Because an effective civilian fighting force is essential to the security of a free society, the right of the people to keep and bear arms shall not be infringed.

Now it should also bear mention that when Madison proposed the Bill of Rights to Congress, the gun rights amendment was not the only one with an explanatory clause:

QUOTE(Madison)
The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.

The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the Legislature by petitions, or remonstrances, for redress of their grievances.

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... [etc.]

Keep in mind, this was not simply Madison addressing his colleagues. These were the actual words he was proposing to have inserted into the Constitution. So, was it his intent to "limit" the freedom of the press by having an explanatory clause? There's no difference of principle between that and what's stated in the gun rights provision. The only thing that would make a modern reader think there was a limiting factor there is the presence of the word "regulated", which in this context, as I just explained now, had nothing to do with limiting or conditioning anything upon anything.

Now, I'd like you to provide your substantiation for your so-far COMPLETELY unevidenced assertion that this was intended as a "limiting" clause. Not more ad hominems, not more nitpicking over the meaning of the word "emphasis", not more melodrama - just your evidence, please.
DaytonRocker
QUOTE(Blackstone @ May 3 2007, 02:41 PM) *

So when the 2nd Amendment (echoing state constitutions) holds that a "well regulated" militia is the best defense, it refers to a well disciplined, properly trained militia. Militias were constantly characterized as being just the opposite by supporters of standing armies. So the "well regulated" was there to emphasize that not just any militia was called for, but one that was actually capable of doing its job. So to answer the thread's question, another way of saying the exact same thing as the 2nd Amendment is: Because an effective civilian fighting force is essential to the security of a free society, the right of the people to keep and bear arms shall not be infringed.

You've made a great case why many of us beleive (not saying you do) the 2nd is a collective right - not an individual right. As I stated earlier, to say otherwise would mean that Timothy McViegh was his own militia protected by the 2nd.
Vladimir
QUOTE(entspeak @ May 2 2007, 07:09 PM) *

QUOTE(Vladimir @ May 2 2007, 12:35 PM) *

Would someone please say what all this detailed parsing of archaic militia ordinances is about, one way or the other? I do not see its relevance to the issue.


It goes to why the first clause was included and, ultimately, why the right was protected in the Constitution.

If a member of the militia was required to provide himself with arms and might be called upon to use those armaments, to have a law infringing upon the right to keep and bear arms would have an adverse effect on the Militia. So, being that a well regulated Militia is necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.


But really, as I have been saying, it is very clear from historican context why the states would have been concerned with preserving their separate abilities to organize militia, n'est pas? What difference does it make whether a prospective militiaman was required to own his firearm?

Also as I have been saying, it was only when the militia was mustered that there was such a thing as a roll. I don't know, perhaps by the years before the Civil War, they maintained permanent militia rolls, but on the frontier -- which is where the militia was actually making any difference -- I am rather sure they didn't. The roll and the chain of command only existed during muster. Hence, regardless of what an ordinance may have required of militiamen, it would've been impossible to enforce. When there was a call to arms, people showed up, with no particular timeliness and with no particular acoutrement. If someone was on some sort of permanent roll and didn't show up, I am sure the prospect of punishment was very slight.

The bottom line is, what these antique militia ordinances have to say about gun ownership is of scant importance; the important thing is that the 2nd Amendment was in the furtherance of the state militias, and that is all that it was. Regardless of whether anyone was required to own arms (for all the good that would have done!), significant restrictions on possessing arms would have impeded the organization of the militia.

QUOTE(Blackstone @ May 3 2007, 06:41 PM) *

QUOTE(Madison)
The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.

The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the Legislature by petitions, or remonstrances, for redress of their grievances.

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... [etc.]

Keep in mind, this was not simply Madison addressing his colleagues. These were the actual words he was proposing to have inserted into the Constitution. So, was it his intent to "limit" the freedom of the press by having an explanatory clause? There's no difference of principle between that and what's stated in the gun rights provision. The only thing that would make a modern reader think there was a limiting factor there is the presence of the word "regulated", which in this context, as I just explained now, had nothing to do with limiting or conditioning anything upon anything.



It is perhaps worth observing that regardless of Madison's statements or those of any of the founders, it is very well recognized that there is no positive right conferred anywhere in the Constitution. The Bill of Rights in particular is a set of enjoinments against government action; and that is all that it is.

The question is only, what sort of government enactments does the 2nd Amendment enjoin against? The important thing is not that there is a conditional clause, but what that clause says. Clearly in this case, the intent is to preserve the means of organizing what Madison calls "well-armed and well-regulated militia." A "well-regulated" militia is surely a militia with regulations and with a chain of command. Anything else is a mob, and I am quite sure that Madison would have agreed.

As I have pointed out elsewhere on this thread, when there was a muster of the militia, one of the first things that happened was that the men were organized into companies and provided with officers (often, elected ones). It is very difficult to imagine that Madison or the other founders were thinking of anything else than that when they spoke of "a well-regulated militia." "Well-regulated militia" means an organized militia; it is not a metaphor for the entirety of the citizenry.
DaytonRocker
QUOTE(Vladimir @ May 3 2007, 03:32 PM) *

It is very difficult to imagine that Madison or the other founders were thinking of anything else than that when they spoke of "a well-regulated militia." "Well-regulated militia" means an organized militia; it is not a metaphor for the entirety of the citizenry.

While I agree, that premise has been turned on it's head with the "unorganized militia". That is where proponents hang their hat on the individual right.

QUOTE
U.S. Code : Title 10 : Section 311. Militia: composition and classes

(a) The militia of the United States consists of all able-bodied
males at least 17 years of age and, except as provided in section
313 of title 32, under 45 years of age who are, or who have made a
declaration of intention to become, citizens of the United States
and of female citizens of the United States who are members of the
National Guard.
(b) The classes of the militia are -
(1) the organized militia, which consists of the National Guard
and the Naval Militia; and
(2) the unorganized militia, which consists of the members of
the militia who are not members of the National Guard or the
Naval Militia.


People have inferred this to mean anybody that is not in the national guard or some such non-sense. With that definition, the "well regulated militia" term should be thrown out and restated simply as "the people"
Vermillion
QUOTE(Blackstone @ May 3 2007, 07:41 PM) *

No, rebuking you for lying isn't ad hominem. Saying, "you believe civilians should have access to the whole range of military weapons including heavy machine guns tanks and mustard gas, so I find your other opinions on the meaning of the first amendment to be somewhat suspect." - that's ad hominem (and a lie).


No Blackstone it is neither. I'm sorry, you haven't a leg to stand on here. I laid out how this is not only NOT a lie, but a question about a statement you made and then confirmed in a seperate post: A statement several people on this board have asked you to justify, and yet you have repeatedly evaded, doidged or ignored the question. At first you just repeatedly claimed to be 'misquoted', then when that didn't work you upgraded the insulting rhetoric to 'lying'. Neither is true.

Seriously, I laid all this out in excrutiating detail in post #45. What, do you think nobody read it? Do you think if you repeat this blatant avoidance tactic often enough, people will believe it? Do you think nobody will notice what you have written?

And we are all still waiting for you to justify the comment... Still waiting.

Oh, and you will forgive me if I think you really need to look up the phrase ad hominum. Clearly it doesn't mean what you think it means.


QUOTE
One of the older definitions of the word "regulated", as applies to a body of troops, is, "properly disciplined" (you can look this up in the unabridged Oxford English Dictionary if you don't believe me).


I did. This version of 'regulated' is listed 'rare', and dated at 1690. The primary version of 'regulated'. meaning: Governed by rule, properly controlled or directed, adjusted to some standard is cited as common in examples as far back as 1704.

So unless you can provide some evidence that your version, rare and archaic even at the time of the writing of the constitution, is more likely than the far more common definition I listed, then that seems to me to be grasping at straws.

Interestingly, according to the example given, your definition of 'regulated' has an entirely different grammatical usage, which is not the same at all as it was used in the first amendment.


QUOTE
So when Article VI of the continental confederation, drafted in 1776, prescribed that "every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered,"


You realise that if your definition were correct, which is highly unlikely, the sentence would mean that every state should always keep up a well disciplined and disciplined militia. And you are trying to have people believe that makes sense?


In fact the very quote you provide shows that regulated was NOT being used as 'disciplined', but as its far more common definition, Governed by rule, properly controlled or directed, adjusted to some standard. And that article of the continental confederation itself goes a LONG way to disproving your basic contention about the second amendment. Thanks for that.

The confederation article declared every state MUST keep a formal well regulated militia. The constitution declares that 'a well regulated militia being necessary'... seems to me pretty clear they mean it in terms of a formal militia, regulated by law and in service of the government. Thats not even close to what you asserted it is. This is your 'evidence'?
Jaime
Let's be sure we don't belittle each other in our debates, please.

TOPICS

1 - What do you think this sentence means?
2 - Who are "the People"?
3 - Why "keep and bear arms"?
Vladimir
QUOTE(DaytonRocker @ May 3 2007, 10:24 PM) *

QUOTE(Vladimir @ May 3 2007, 03:32 PM) *

It is very difficult to imagine that Madison or the other founders were thinking of anything else than that when they spoke of "a well-regulated militia." "Well-regulated militia" means an organized militia; it is not a metaphor for the entirety of the citizenry.

While I agree, that premise has been turned on it's head with the "unorganized militia". That is where proponents hang their hat on the individual right.




Please explain how this premise is turned on its head; I haven't noticed this in the other side's argumentation. It says in black and white, "a well-regulated militia." To say that that is equivalent to a merely armed, utterly unorganized citizenry would seem to quoin a new usage for these plain English works. I venture that you could scour the dictionaries of our time, or that of the founders, without finding support for that.
DaytonRocker
QUOTE(Vladimir @ May 4 2007, 09:00 AM) *
QUOTE(DaytonRocker @ May 3 2007, 10:24 PM) *

QUOTE(Vladimir @ May 3 2007, 03:32 PM) *

It is very difficult to imagine that Madison or the other founders were thinking of anything else than that when they spoke of "a well-regulated militia." "Well-regulated militia" means an organized militia; it is not a metaphor for the entirety of the citizenry.

While I agree, that premise has been turned on it's head with the "unorganized militia". That is where proponents hang their hat on the individual right.




Please explain how this premise is turned on its head; I haven't noticed this in the other side's argumentation. It says in black and white, "a well-regulated militia." To say that that is equivalent to a merely armed, utterly unorganized citizenry would seem to quoin a new usage for these plain English works. I venture that you could scour the dictionaries of our time, or that of the founders, without finding support for that.

I can't because I don't think you can. "unorganized" and "well regulated" have nothing to do with each other. My point is simply that people that beleive the 2nd affords individual rights have to hang their hat on the unorganized definition because the organized definition is spelled out without much wiggle room.

They interpret the clause saying "anybody not belonging to the national guard" or whatever term was used to mean everybody. To me, that defies the purpose of "a well regulated militia" and could have said "anybody with a pulse" and been much clearer.

Again, the reason it is worded the way it is, is because John Adams and the anti-federalists did not want mob rule. The verbiage is a compromise between the federalists and anti-federalists. Nobody won that debate - the 2nd is the result. To say every individual has a right to own a gun without being part of a regulated group of people would be saying that no compromise ever happened. In other words, the federal papers became law. That did not happen. The federal papers were used as a tool to explain what the federalists wanted the constitution to say and get the states to ratify it. It never happened. It took debate and it took compromise.
Blackstone
QUOTE(Vermillion @ May 3 2007, 06:56 PM) *
A statement several people on this board have asked you to justify

No, only you've raised an issue about it. That's easily confirmable from the record.

QUOTE
Seriously, I laid all this out in excrutiating detail in post #45.

To which I responded in my following reply. You then implausibly dismissed the response as irrelevant. But it's hardly irrelevant to point out that because a prohibition only applies to the federal government, it's therefore not comprehensive.

QUOTE
Oh, and you will forgive me if I think you really need to look up the phrase ad hominum.

That's an excellent suggestion. If you do so yourself, you'll find out (in addition to its proper spelling) that it's not a synonym for "rebuke".

Now, back to the substance of the debate: