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View Diary: The Second Amendment Myth (199 comments)

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  •  I agree completely (4+ / 0-)

    Antonin Scalia is a loony tune, but unfortunately, his misinterpretation of the texts is now the law of the land.

    What convinced me was the following: First, take a look at the text of the Articles of Confederation, which the present Constitution replaced and therefore is probably the best possible source for understanding its contents, including the 2nd Amendment, in particular this evocative text (Article VI, paragraph 3):

    Every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
    In addition to that passage, I was also convinced by the phrase “to bear arms” which has always (including during the 18th Century) referred to armed military action, not to target shooting, hunting, robbing banks, or defending one's home. Finally, the verb “to keep” meant not only to own/possess, but “keep up” (as it was phrased in the Articles), i.e., maintain in readiness. So, keeping those very well-supported glosses in mind, if you consider
    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.
    in its entirety, it is just obvious that it is a promise to the American people that its beloved militias would continue to exist forever, in spite of the new, federalized Army and Navy. It says nothing at all about any right to own or carry guns, except in connection with a well-regulated militia.
    •  Well said... (2+ / 0-)
      Recommended by:
      43north, gerrilea

      given the fact that all men between 18 and 45 were required to be in their militia, and were to supply their own guns and ammo, it makes sense in that context.

      "Facts do not cease to exist because they are ignored."-- Aldous Huxley

      by figurine on Sun Jan 08, 2012 at 06:39:48 PM PST

      [ Parent ]

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