Well that's not a simple answer is it?
Firstly the US Constitution has the power to be Amendment. So.... from that point the Founders left open the possibility that the Constitution could be changed.
Secondly, the right to KEEP arms protects individuals to own arms. It doesn't protect them to own ALL arms and has generally been interpreted to mean "militia type" weapons or weapons useful for the militia.
However in the modern day the US militia (National Guard) has a lot of high tech weaponry that people don't think would be a good idea in the hands of individuals. What are people going to do with field artillery? Well in war against the US govt, I have no doubt it would be useful. So, why don't individuals have such weaponry?
The Founders lived in a time where weaponry was similar between Armed Forces weaponry and hunting weaponry. The modern era has changed at a lot.
Do you think the NRA supports "the right" of people to have field artillery and F-16s? No, they don't fight for this.They fight for handguns and perhaps other guns, but mostly guns.
What the Second Amendment protects is the right of individuals to own weapons. However the 2A doesn't prevent the US govt from banning certain types of weaponry, as long as individual can get their hands on weaponry that is not too expensive, then the right isn't being infringed upon.
But I asked a question about the right to BEAR arms. This is the right to KEEP arms.
Funny how you've moved it back into your comfort zone.
I answered your question, are you going to answer mine? It's been like a week and you've refused to answer.
Mr Gerry said that "bear arms" was "militia duty", Mr Jackson said it was "render military service". Mr Washington used the term synonymously with "render military service". The draft versions of the Second Amendment flitted between "bear arms" and "render military service" for their last clause which was removed from the Amendment because the Founding Fathers had a problem with it. Some of them, like Mr Jackson called for those who wouldn't bear arms to pay an equivalent. Why would govt require people to pay an equivalent for not carrying guns around?
The Supreme Court in Presser said that parading with guns was NOT protected by either the right to keep arms or the right to bear arms. The Heller case affirmed the Presser case.
All you have is a Supreme Court case that basically says that the Second Amendment only applies to the Federal government (though things have basically changed recently on this count, to include state governments) which means if I take your gun away, I am NOT infringing on your right to keep or bear arms.
That's all you have.
I have loads. You have nothing.
So my question is, what did Mr Gerry mean when he said:
"Now, if we give a discretionary power to exclude those from militia duty who have religious scruples, we may as well make no provision on this head." in relation to the clause that said: "but no person religiously scrupulous shall be compelled to bear arms."
Do you think Mr Gerry was talking about "bear arms" to mean "carry arms" or "militia duty"?
complete fail-its not about what the people can do its what the government can do and where was the government given ANY power to regulate what arms you could
KEEP
BEAR
OWN
MAKE
BUY
USE
BARTER
TRADE
SELL
GIFT
CARRY
etc
I didn't say it wasn't.
The Constitution is about the powers of the US Federal government.
The Bill of Rights is about the limits of power on the US Federal govt.
So what?
So it means that the US Federal govt cannot infringe on the right of people to bear arms.
So what does "bear arms" mean?
It means "render military service" and "militia duty".
I've proven this.
Whether individuals can carry weapons is not an issue of the Second Amendment. I don't need a Constitutional right to be able to do something. However we're talking about what the US govt is specifically unable to do due to the SECOND AMENDMENT.
I don't agree with you on the meaning of "bear" as it applies to the 2nd, but at least you are making sense, or making a legitimate argument. I appreciate that.
I think "bear" means to carry. I think Congress has acted improperly for decades, given the 2nd, 9th, and 10th Amendments.
State and local governments had the authority to limilt time, place, and manner of carrying arms.
Cruikshank made that clear.
Presser held that the 2A is an individual right, not a militia right, holding a law or action by local governments preventing militias from marching the streets with guns was not an infringement od this individual right. States also had the authority to limit the type of arms one could keep. But, now that is questionable, given the "privileges and immunities" clause of the 14th Amendment.
The SCOTUS has allowed Congressional overreach, refusing to directly address the relationship between Amendments 2, 9, 10, and 14, as they relate to Congressional authority to regulate firearms., or at least I have not seen such a decision, with my limited study on The Court's decisions on the topic,.
Cruikshank came close, but they were deciding whether to uphold the convictions of Klansmen under the Enforcement Act of 1870. The Court overturned those convictions, holding that the 14th Amendment applies to States, not individuals, and that the 2nd only limits Congress. But, I am always open to a discussion on SCOTUS opinions.
The question I have about your interpretation of "bear" arms goes to intent. Why would the founders feel compelled to preserve the right to take up arms in a militia or render military service. That was not a right, but a duty.
Which interpretation makes more sense?
The right of the people to keep arms and (the duty) render military service shall not be infringed, or the right to keep and carry arms?
There is no ambiguity. Attaching a "military service" interpreataion to "bear" goes against the plain meaning of the text in the Amendment. The word "bear" in this context means to carry. They may have used the word in the context of military service, but that use also meant to carry, or to take up arms. I could see your interpretation working in the context od the right to take up arms as needed, for whatever ligitimate purpose, but that would also be a stretch, give the attitudes and practices of the day, where packing a pistol was as common as carrying a wallet and mobile phone is today.
If the intended meaning of the word "bear" means military service, and not to carry on one's person, why would the founders limit Congrass on the right to keep arms, but leave Congress with the authority to prevent individuals from waling around armed, which was a very common practice at the time? That angle makes no sense.
Nor does the interpretation that the phrase "keep amd carry" has a singular legal meaning, like "sell and convey" or "null and void" when there is no precident for such an interpretation, and when doing so renders the 2nd or Art. 1, Sec. 8 meaningless, ineffective, or redundant.
I think we can all agree that the 2nd preserves the individual right by excluding Congress from any arms regulation, given both the
Presser and
Cruikshank decisions.