Repeal the Second Amendment.
#1 Jul 1, 2014
You people don't have the slightest clue what the purpose of the Second Amendment was. It never had a thing to do with government militias. The concept of the right of the people to keep arms to serve as a check on the State goes back thousands of years, to Aristotle formally, who wrote about it in his work "Politics." Thomas Aquinas expanded on Aristotle's work and pointed out that a people had not only a right, but a duty, to overthrow a government if said government began engaging in an act of sedition against the people. Many others have written about this as well.
The intellectual foundation in the history of international relations of the right of a nation to engage in self-defense is grounded in the individual right to self-defense. The right of a people to resist a tyrannical government also is grounded in the individual right to self-defense. John Locke, for example, pointed out that the right of a people to resist a tyrannical government was an extension of their individual right to self-defense.
The phrase "well-regulated" just meant "in good working order." One can find references to a "well-regulated government," a "well-regulated house," a "well-regulated hairstyle," a "well-regulated drawing room," etc...in writings of the time. The militia was the general population. This is clear from Federalist Paper 29, and also other writings from people of the time such as George Mason. And also the Constitution itself, which refers repeatedly to "the militia," such as in the 5th Amendment and in Article I, Section 8, Clause 15, where says Congress shall have the power to call forth the militia.
No where does the Constitution say anything about Congress having the authority to create militias or to call forth "a militia" or anything like that. It says that with regards to an army and a navy, but otherwise, the militia is seen as a pre-existing body. In addition, everywhere else in the Constitution that the wording "the right of the people" is used, it is in reference to an individual right. But somehow, by magical fairy dust, in a list of amendments that all are about checking the power of the government and protecting individual rights, we are to believe that the 2nd Amendment is about checking people's freedom and protecting a power of the State. It had nothing to do with state governments either, as the Constitution very clearly uses the wording "the states" when referring to the states.
The amendment has two parts, the prefatory clause, which states the importance, and the operative clause, which protects the right. Imagine an amendment written as follows:
"A well-educated electorate being necessary to the preservation of a free society, the right of the people to read and compose books shall not be infringed." Clearly, nobody would interpret this to mean that only well-educated people have a right to read and write books, that only those with a university education have a right to read and write books. The prefatory clause is merely stating the importance of the protection of the right. The operative clause protects the right.
Similarly, the prefatory clause of the Second Amendment states the importance of the right: "A well-regulated militia being necessary to the security of a free state..." i.e. a general population with a decent working familiarity with arms is necessary to the security of a free state. Then the operative clause, "the right of the people to keep and bear arms shall not be infringed."
#2 Jul 1, 2014
In a country of the people, by the people, and for the people - the people decide such questions.
If the people decide to keep their guns - in sufficient numbers - god help the usurper who tries to take them.
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