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View Diary: A couple of overlooked 2nd Amendment words... (29 comments)

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  •  The crux is current use or use at time of writing (5+ / 0-)

    Current use, is that nothing is well regulated until there's a document the size of 26 CFR, plus Administrative rules.

    (that's the IRS section)

    Historic use via constitution.org.

    •  But more relevant is the question (1+ / 0-)
      Recommended by:
      subtropolis

      of what to do if the militia is not well-regulated.  It appears that article 1 allows for provisions for better regulation, but amendment 2 forbids disarmament.  

      States' rights? Corporate rights? Militia rights? Government rights? Hell no! Only individuals have rights. Proud lifelong human supremacist.

      by happymisanthropy on Mon Dec 24, 2012 at 10:07:15 AM PST

      [ Parent ]

      •  the militia in 1812 was a failure (2+ / 0-)
        Recommended by:
        gerrilea, subtropolis

        20 years of nationhood, a bunch of fingerpointing, and less than unanimous support for challenging English holdings, resulted in a lackluster Militia response.

        The militia performance was quite different 50 years later as the Civil War raged, with more defined objectives.

    •  When written, the words "well regulated" ... (2+ / 0-)
      Recommended by:
      happymisanthropy, subtropolis

      meant "in good working order", meaning that the country would need both men and their weapons to be in good working order if the need to use them arose.  However, as a prefatory clause, the need for a militia at the time was never taken to mean it was the ONLY reason the right of the people to bear arms could not be limited.

      "Two things are infinite: the universe and human stupidity, and I am not sure about the universe." -- Albert Einstein

      by Neuroptimalian on Mon Dec 24, 2012 at 01:24:42 PM PST

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      •  Wow, who's re-interpreting things here? (1+ / 0-)
        Recommended by:
        subtropolis

        The constitution does not grant rights, it protects ones Americans are born with, ie unalienable. That right is not dependent upon the constitution nor the 2nd A.

        http://supreme.justia.com/...

        6. The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendments means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government.
        You seem to have missed this point in your theories here.

        With this understanding established, read the amendment again.

        Clearly it's stating that they only time a person's RKBA can be "regulated" is if they are a Militia member, not anyone else.

        Seriously, would we re-establish the same tyrannical controls we fought against 12 yrs previously?

        http://www.socialstudiesforkids.com/...

        Americans started stockpiling guns and ammunition in violation of British laws. Their defense of such a stockpile led to the shots fired at Lexington and Concord and the beginning of the Revolutionary War.
        I am getting older but I haven't forgotten that history!

        -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

        by gerrilea on Mon Dec 24, 2012 at 03:43:25 PM PST

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        •  i'm more confused now /nt (1+ / 0-)
          Recommended by:
          gerrilea

          All things in the sky are pure to those who have no telescopes. – Charles Fort

          by subtropolis on Mon Dec 24, 2012 at 04:27:18 PM PST

          [ Parent ]

          •  Sorry, I know I was once as you were, it's an (0+ / 0-)

            intentional side-effect of not being taught our actual history.  

            -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

            by gerrilea on Mon Dec 24, 2012 at 08:45:06 PM PST

            [ Parent ]

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