woodwork201
Diamond Member
- Mar 2, 2021
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The left often argues that the 2nd Amendment doesn't mean what it says; mostly lying, sometimes just ignorantly, they claim that the first half of the sentence sets a reason or requirement for the second half.
As Ratified:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
As voted out of Congress:
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
The Courts continue to try to parse the extra comma as though it changes the meaning. If they were right, if it did change the meaning, then the 2nd Amendment would not be valid at all. It is not possible for the States to ratify something other than what Congress proposed. No provision of Article V permits the Constitution to be amended that way.
So, comma or no comma, the meaning is exactly the same. And this is a very important point. Different writers and transcribers may have different styles (and the Internet Grammar Police didn't yet exist to tell them if their style wasn't perfect). Comma or no comma, the Amendment ratified has the exact same meaning and interpretation as the Amendment from Congress. Were it not so, the issue of the comma would have been raised in 1791.
So, now we accept that writers and transcribers might write something differently but it is accepted by the Founders to be exactly the same and requiring not even a discussion of the difference.
So let's look at what is referred to as the prefatory clause of the 2nd Amendment: A well regulated militia being necessary to the security of a free state. The left claims that it sets up a prerequisite that the right to keep and bear arms belongs to the State and only necessary for those who serve in the militia. But consider what was originally written and proposed for the right to keep and bear arms.
It will be interesting to discuss first, though, that many claim that James Madison is the author of the Bill of Rights. This could not be further from the truth. James Madison was the editor of the Bill of Rights but variations on each and every theme were discussed and written multiple times by multiple people in multiple ways. Even then, many of the concepts were taken directly from the Magna Carte.
The document, Journal, Acts and Proceedings, The Convention Assembled at Philadelphia, Monday, May 14, and Dissolved Monday, September 17, 1787, which Formed the Constitution of the United States, includes the exact writings of the various State conventions upon ratifying the Constitution. In several of those ratifying document, the States included the very amendments they insisted should be passed immediately. After ratification, other states and scholars proposed additional sets of amendments.
No, Madison did not author the Bill of Rights; he simply compiled it.
In the ratifying documents to the Constitution, as I said, several States included what they wanted in the first amendments to the Constitution - phrased and paraphrased as a bill of rights but not yet titled the Bill of Rights. In red below is the first page mentioning ratify for those States and then which page to find that State's demand for the right to keep and bear arms.
New Hampshire 412 - see 415 for RKBA: XII. Congress shall never disarm any citizen, unless such as are or have been in actual rebellion.
Virginia 417 - see bottom of 420 to 421 for RKBA: XVII. That the people have aright to keep and bear arms ; that a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free state. That standing armies in time of peace are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that in all cases the military should be under strict subordination to and governed by the civil power.
New York 431 - see page 427 for New Yorks RKBA clause: That the people have a right to keep and bear arms ; that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state.
North Carolina 452 - see 443 for RKBA: XVII. That the people have a right to keep and bear arms ; that a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state. That standing armies in time of peace are dangerous to liberty, and therefore ought to be avoided, as far as the cir- cumstances and protection of the community will admit ; and that in all cases the military should be under strict subordination to, and governed by the civil power.
Rhode Island 452 (same page as NC) see 456 for RKBA: xvii. That the people have a right to keep and bear arms : that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state ; that the militia shall not be subject to martial law, except in time of war, rebellion or insurrection; that standing armies in time of peace, are dangerous to liberty, and ought not to be kept up, except in cases of necessity; and that at all times the military should be under strict subordination to the civil power; that in time of peace no soldier ought to be quartered in any house without the consent of the owner, and in time of war only by the civil magistrate in such manner as the law directs.
In each of these, other than New Hampshire - which is really the best, there are multiple concepts combined into what we'd call a long-running sentence today. Things like a standing army, housing soldiers, the militia and martial law, and military subordination to civil power are only connected in the loosest of ways and yet were all in the same sentence. Just because multiple ideas are in the same sentence, in the style of the day, does not mean that one idea is dependent on the other ideas.
Considering the multiple ideas, note that in each case where the militia is mentioned in the same sentence as the right to keep and bear arms, the right to keep and bear arms came first. Quoting Rhode Island as example: That the people have a right to keep and bear arms : that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state ;
There's no confusion about how that is written. The same sentences explicitly recognizes that the people have an individual right to keep and bear arms and the, separately, states that a well regulated militia, including the body of the people capable of bear arms, JUST AS I HAVE BEEN POSTING in many threads, is the proper, natural, and safe defence of a free state. Two different ideas in the same sentence.
So how did it get reversed? Notice that in the Rhode Island version, there is the right to keep and bear arms, quartering soldiers, standing army, and the militia as the proper defense of the nation. Others were similar but not exactly the same. This is where James Madison comes in as editor. From all of the input that came from all of the States and others, he had to standardize the specific protections to send to the Congress for approval to send to the States. That meant clarifying, simplifying, separating, ordering, and even choosing some ideas over others. Even then, he didn't do that in a vacuum sitting alone in his house; it was a collaboration.
So, in that clean up of the diverse writing styles of the various States, That the people have a right to keep and bear arms : that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state ; became, A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
That this change was not hotly debated and was broadly accepted, is proof that, to the Founders, to the Congress, to the Legislatures of the period, the two versions had EXACTLY the same meaning, just as did two commas versus three commas. They all, to the people of the time, meant EXACTLY the same thing.
This completely destroys the militia argument against the individual right to keep and bear arms and proves, absolutely and without doubt, that what I have been saying, that what is called the prefatory phrase, is simply a requirement that the militia, consisting of all those who can bear arms, be the first line of defense against invasion and insurrection.
I have proven beyond question that the right to keep and bear arms is an individual right not connected to militia service.
As Ratified:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
As voted out of Congress:
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
The Courts continue to try to parse the extra comma as though it changes the meaning. If they were right, if it did change the meaning, then the 2nd Amendment would not be valid at all. It is not possible for the States to ratify something other than what Congress proposed. No provision of Article V permits the Constitution to be amended that way.
So, comma or no comma, the meaning is exactly the same. And this is a very important point. Different writers and transcribers may have different styles (and the Internet Grammar Police didn't yet exist to tell them if their style wasn't perfect). Comma or no comma, the Amendment ratified has the exact same meaning and interpretation as the Amendment from Congress. Were it not so, the issue of the comma would have been raised in 1791.
So, now we accept that writers and transcribers might write something differently but it is accepted by the Founders to be exactly the same and requiring not even a discussion of the difference.
So let's look at what is referred to as the prefatory clause of the 2nd Amendment: A well regulated militia being necessary to the security of a free state. The left claims that it sets up a prerequisite that the right to keep and bear arms belongs to the State and only necessary for those who serve in the militia. But consider what was originally written and proposed for the right to keep and bear arms.
It will be interesting to discuss first, though, that many claim that James Madison is the author of the Bill of Rights. This could not be further from the truth. James Madison was the editor of the Bill of Rights but variations on each and every theme were discussed and written multiple times by multiple people in multiple ways. Even then, many of the concepts were taken directly from the Magna Carte.
The document, Journal, Acts and Proceedings, The Convention Assembled at Philadelphia, Monday, May 14, and Dissolved Monday, September 17, 1787, which Formed the Constitution of the United States, includes the exact writings of the various State conventions upon ratifying the Constitution. In several of those ratifying document, the States included the very amendments they insisted should be passed immediately. After ratification, other states and scholars proposed additional sets of amendments.
No, Madison did not author the Bill of Rights; he simply compiled it.
In the ratifying documents to the Constitution, as I said, several States included what they wanted in the first amendments to the Constitution - phrased and paraphrased as a bill of rights but not yet titled the Bill of Rights. In red below is the first page mentioning ratify for those States and then which page to find that State's demand for the right to keep and bear arms.
New Hampshire 412 - see 415 for RKBA: XII. Congress shall never disarm any citizen, unless such as are or have been in actual rebellion.
Virginia 417 - see bottom of 420 to 421 for RKBA: XVII. That the people have aright to keep and bear arms ; that a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free state. That standing armies in time of peace are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that in all cases the military should be under strict subordination to and governed by the civil power.
New York 431 - see page 427 for New Yorks RKBA clause: That the people have a right to keep and bear arms ; that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state.
North Carolina 452 - see 443 for RKBA: XVII. That the people have a right to keep and bear arms ; that a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state. That standing armies in time of peace are dangerous to liberty, and therefore ought to be avoided, as far as the cir- cumstances and protection of the community will admit ; and that in all cases the military should be under strict subordination to, and governed by the civil power.
Rhode Island 452 (same page as NC) see 456 for RKBA: xvii. That the people have a right to keep and bear arms : that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state ; that the militia shall not be subject to martial law, except in time of war, rebellion or insurrection; that standing armies in time of peace, are dangerous to liberty, and ought not to be kept up, except in cases of necessity; and that at all times the military should be under strict subordination to the civil power; that in time of peace no soldier ought to be quartered in any house without the consent of the owner, and in time of war only by the civil magistrate in such manner as the law directs.
In each of these, other than New Hampshire - which is really the best, there are multiple concepts combined into what we'd call a long-running sentence today. Things like a standing army, housing soldiers, the militia and martial law, and military subordination to civil power are only connected in the loosest of ways and yet were all in the same sentence. Just because multiple ideas are in the same sentence, in the style of the day, does not mean that one idea is dependent on the other ideas.
Considering the multiple ideas, note that in each case where the militia is mentioned in the same sentence as the right to keep and bear arms, the right to keep and bear arms came first. Quoting Rhode Island as example: That the people have a right to keep and bear arms : that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state ;
There's no confusion about how that is written. The same sentences explicitly recognizes that the people have an individual right to keep and bear arms and the, separately, states that a well regulated militia, including the body of the people capable of bear arms, JUST AS I HAVE BEEN POSTING in many threads, is the proper, natural, and safe defence of a free state. Two different ideas in the same sentence.
So how did it get reversed? Notice that in the Rhode Island version, there is the right to keep and bear arms, quartering soldiers, standing army, and the militia as the proper defense of the nation. Others were similar but not exactly the same. This is where James Madison comes in as editor. From all of the input that came from all of the States and others, he had to standardize the specific protections to send to the Congress for approval to send to the States. That meant clarifying, simplifying, separating, ordering, and even choosing some ideas over others. Even then, he didn't do that in a vacuum sitting alone in his house; it was a collaboration.
So, in that clean up of the diverse writing styles of the various States, That the people have a right to keep and bear arms : that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state ; became, A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
That this change was not hotly debated and was broadly accepted, is proof that, to the Founders, to the Congress, to the Legislatures of the period, the two versions had EXACTLY the same meaning, just as did two commas versus three commas. They all, to the people of the time, meant EXACTLY the same thing.
This completely destroys the militia argument against the individual right to keep and bear arms and proves, absolutely and without doubt, that what I have been saying, that what is called the prefatory phrase, is simply a requirement that the militia, consisting of all those who can bear arms, be the first line of defense against invasion and insurrection.
I have proven beyond question that the right to keep and bear arms is an individual right not connected to militia service.