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Please begin with an informative title:

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.
What does this mean? To some, it's an individual right to keep and bear arms. To others it's a right for the states to organize and arm their own militias.

Piece by piece discussion after the jump.


You must enter an Intro for your Diary Entry between 300 and 1150 characters long (that's approximately 50-175 words without any html or formatting markup).

RKBA is a DKos group of second amendment supporters who also have progressive and liberal values. We don't think that being a liberal means one has to be anti-gun. Some of us are extreme in our second amendment views (no licensing, no restrictions on small arms) and some of us are more moderate (licensing, restrictions on small arms.) Moderate or extreme, we hold one common belief: more gun control equals lost elections. We don't want a repeat of 1994. We are an inclusive group: if you see the Second Amendment as safeguarding our right to keep and bear arms individually, then come join us in our conversation. If you are against the right to keep and bear arms, come join our conversation. We look forward to seeing you, as long as you engage in a civil discussion. RKBA stands for the Right to Keep and Bear Arms.
Where to start, where to start? Well, how 'bout we start with well regulated as it was used back when the Bill of Rights was penned?

Alexander Hamilton, Federalist 29:

The project of disciplining all the militia of the United States is as futile as it would be injurious if it were capable of being carried into execution. A tolerable expertness in military movements is a business that requires time and practice. It is not a day, nor a week nor even a month, that will suffice for the attainment of it. To oblige the great body of the yeomanry and of the other classes of the citizens to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well regulated militia, would be a real grievance to the people and a serious public inconvenience and loss.
Does this read like he meant 'full of regulations' or well trained?

Then there's the original GW:

I am unacquainted with the extent of your works, and consequently ignorant of the number or men necessary to man them. If your present numbers should be insufficient for that purpose, I would then by all means advise your making up the deficiency out of the best regulated militia that can be got.

Again, does this sound like well trained militia to you or something highly restricted and regulated?

Speaking of militia, what (and who) are the militia? The National Guard are definitely a part of the militia, but they do not make it up in its entirety. According to US Code:

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
So I am a member of the unorganized militia. Depending on who you are, chances are you are too.

Now my favorite part: the people! In a previous diary, I mentioned (through an Angry Mouse quote) that 'the people' was used throughout the Bill of Rights (1st, 4th, 9th and 10th amendments) to symbolize an individual right.

Certainly, no good liberal would argue that any of these rights are collective rights, and not individual rights.  We believe that the First Amendment is an individual right to criticize our government.
One of the comments raised was that 'the people' doesn't always necessarily mean an individual since "person/s" was also used in the Constitution. What is the context that "person/s" is used in the Constitution though?
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
There are other examples (quite a few more actually) but these two are the main ones I want to point out: person does not automatically mean a Citizen of the United States.

So why even bother to have that whole "well regulated militia" section in there if it isn't meant as a restriction or limitation?

I contend that the first section is a prefatory clause. The well regulated militia is an example of why the right of the people to keep and bear arms should not be infringed. Quite a few people say that there is no other Bill of Rights amendment that has such a thing. They would be correct. But if you look at other state constitutions of the time, you'll see quite a few.

New Hampshire, 1784:

In criminal prosecutions, the trial of facts in the vicinity where they happen, is so essential to the security of the life, liberty and estate of the citizen, that no crime or offence ought to be tried in any other county than that in which it is committed . . . .
Massachusetts, 1780. New Hampshire, 1784. Vermont, 1786:
The freedom of deliberation, speech, and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever
Even if you want to jump forward in time (to 1842) you will find something similar in Rhode Island:
The liberty of the press being essential to the security of freedom in a state, any person may publish his sentiments on any subject, being responsible for the abuse of that liberty . . . .
There are more examples at the link above.

I think I'll leave the rest of the amendment for a different day. We've discussed what 'arms' means (nukes anyone?) before in RKBA diaries, so we'll put that off for now. The rest of the amendment will be covered either in comments or in a different diary.

So, what do you think?

Extended (Optional)

Originally posted to KVoimakas on Tue May 25, 2010 at 04:25 AM PDT.

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