Endless circular reasoning arguments yet again? Fact is states could and did regulate firearms, based on race and other reasons from the beginning, so we know 'original intent' was it was left to the states…
The question was the original intent. What the Founders intended when they wrote and adopted the 2nd Amendment. It was never intended to be left to the States. It was never intended to be left to the whim of municipalities. Just as your First, Third, Fourth, Fifth, or Sixth Amendments were not intended to be left to the whims of any State.
See the Tenth Amendment, which speaks of powers belonging to the federal government, powers belonging to the states, and powers belonging to the people.
The point was to clarify that the federal government only had those powers that the Constitution specifically delegated to it, all other powers belonging to the states or to the people; and to prohibit the federal government from claiming or exercising powers that did not belong to it.
The Tenth Amendment mentions, but really doesn't otherwise address the distinction between powers belonging to the states and powers belonging to the people. But the distinction is there.
Now, according to the Second Amendment, to whom does the right to keep and bear arms belong? Does it belong to the states? No, it certainly does not. It belongs to the people. Therefore, neither the states nor the federal government have any legitimate authority to violate it.
The Bill of Rights, or for that matter, the Constitution, was never intended to be viewed as an exclusively legal document where only experienced legal scholars could be expected to interpret it. And if you think that defined legal documents did not exist in that era, you are foolish beyond belief. Just look at the Construction Contracts for the ships of the fledgling Navy. Specifications on what kind of wood would be used, what the schedule of construction, and all sorts of things defined to the smallest degree. Laws passed by the First Congress also had the same thing. Each term was defined, and each specific legal principle was outlined. Yet, they did not choose to go that route with the Bill of Rights.
They went with a format that called upon people to resist the temptation. Moreover, the Founders never envisioned the questions being settled by the Supreme Court. Otherwise the language would have certainly been the aforementioned legalese with every term and phrase defined specifically as to the intent just as other laws of the era were.
So what was the foundation of the Bill of Rights? It was not the idea that these rights were granted to you by the Government. It was that these rights were granted by the Creator. That is why the Bill of Rights was written in the same sort of style we find the Ten Commandments written in.
Take the First Amendment. If it was intended to be the foundation of a Legal Doctrine, it would have said something like this. The Supreme Court shall find invalid and overturn any law which passed by Congress and signed into law by the President, or upon the Presidential Veto, was passed using the Congressional Overrule of a vote consisting of 2/3 of the whole, any law which abridges freedom of speech. Freedom of speech is defined as the ability to speak either through verbal, or non verbal means, including written, on any subject that the speaker feels compelled to express an opinion about. This freedom should not be construed to include language which if heard in public, would be offensive to ladies or clergy.
The First Amendment would be ten pages long if it was written in legalese. It isn’t even a fraction of that. The language is simple. Congress shall pass no law. The First Amendment was intended, as all the other amendments, to be a guide. Just as the Ten Commandments were not specific, but general. You know what this is, just don’t do it.
It is the fact that we have spent the intervening years declaring that the Amendments don’t really mean this, or that, or the other. Finding exceptions that we use to ignore the clearly stated foundation of our Society. Congress shall not. Thou Shall Not.
We do not read what the Founders described as the Press that would be free. We just are told not to abridge Freedom of the Press. We are not told what Quartering Soldiers in our homes would be like, and what would qualify. We are told that it may not happen. We are not told in detail what a person’s papers would qualify to be protected from illegal search.
We were given a broad outline, and told not to cross those lines. Benjamin Franklin famously told the people that we had a Republic, if we could keep it. The Founders saw the possibility of abuse, and worried about it. So we the people were expected to go and vote out of office anyone who showed the intent, or willingness to abuse. Instead, those abuses came with cheers.
I don’t want to hear that kind of speech. We will ban it. I don’t want to see that kind of news, so we will restrict it. I don’t like those guns, and we will make them illegal. It is just wrong that a guilty guy can go free because of some silly restrictions on searches. If you have nothing to fear, you have nothing to hide.
If the Founders had known that we would totally eviscerate those rights so quickly, and willingly, I wonder if they would have written them more adamant in the restrictions? Thou Shall Not is pretty specific, and pretty adamant. Perhaps they would have included number 11. Anyone who does pass a law, or move to restrict those rights, shall be put to death in the slowest, and most cruel manner possible taking days to suffer unto death.
Because taking those rights, one exception at a time, is part of reason that our people feel such discontent. Because we don’t mean those words. They are just words, just a piece of paper. It is interesting isn’t it? When World War One started, Germany was outraged that Britain was going to war over the Treaty with Belgium. You would go to war over words? Over a piece of paper? Now of course, we go to war against anyone who objects to holding to those words, on that piece of paper. The one who says that this is wrong, and that was never what it was supposed to mean.