Can we please stop pretending that the Second Amendment contains an unfettered right for everyone to buy a gun? It doesnt, and it never has. The claims made by the small number of extremists, before and after the Orlando, Fla., massacre, are based on a deliberate lie.The Second Amendment of the U.S. Constitution doesnt just say Congress shall not infringe the right to keep and bear arms. It specifically says that right exists in order to maintain a well-regulated militia. Even the late conservative Supreme Court Associate Justice Antonin Scalia admitted those words werent in there by accident. Oh, and the Constitution doesnt just say a militia. It says a well-regulated militia.
What did the Founding Fathers mean by that? We dont have to guess because they told us. In Federalist No. 29 of the Federalist Papers, Alexander Hamilton explained at great length precisely what a well-regulated militia was, why the Founding Fathers thought we needed one, and why they wanted to protect it from being disarmed by the federal government.
The Second Amendment is an instrument of government. Its not about hunting or gun collecting or carrying your pistol into the saloon. And theres a reason absolutely no gun extremist will ever direct you to that 1788 essay because it blows their baloney into a million pieces.
A well-regulated militia didnt mean guys who read Soldier of Fortune magazine running around in the woods with AK-47s and warpaint on their faces. It basically meant what today we call the National Guard.
It should be a properly constituted, ordered and drilled (well-regulated) military force, organized state by state, explained Hamilton. Each state militia should be a select corps, well-trained and able to perform all the operations of an army. The militia needed uniformity in organization and discipline, wrote Hamilton, so that it could operate like a proper army in camp and field, and so that it could gain the essential degree of proficiency in military functions. And although it was organized state by state, it needed to be under the explicit control of the national government. The well-regulated militia was under the command of the president. It was the military arm of the government.
The one big difference between this militia and a professional army? It shouldnt be made up of full-time professional soldiers, said the Founding Fathers. Such soldiers could be used against the people as King George had used his mercenary Redcoats. Instead, the American republic should make up its military force from part-time volunteers drawn from regular citizens. Such men would be less likely to turn on the population.
And the creation of this well-regulated militia, aka the National Guard, would help safeguard the freedom of the new republic because it would make the creation of a professional, mercenary army unnecessary, wrote Hamilton. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, he wrote.
That was the point. And that was why they wanted to make sure it couldnt be disarmed by the federal government: So a future tyrant couldnt disarm the National Guard, and then use a mercenary army to impose martial law.
The Founding Fathers didnt call the republics new force an army because that term more than two centuries ago called to mind the British army, foreign mercenaries, tyrants and kings. So they said militia instead. But they meant a real body. Hamilton was scathing about the idea that the militia could just mean every Bob, Billy and Benjamin with his musket. Such amateurs would stand no chance in modern warfare against professionals, he wrote. And requiring every citizen to become a professional would be ridiculous, he said. It would be a real grievance to the people, and a serious public inconvenience and loss, he wrote. Taking people away from their work in order to train them would form an annual deduction from the productive labor of the country.
The Second Amendment is an instrument of government. Its not about hunting or gun collecting or carrying your pistol into the saloon. The Founding Fathers left it up to us to pass sensible laws about all these things. The Constitution is about government.
Today we have a professional army, anyway. Military matters have become so complex that no part-time soldiers could do it all. So you could argue that makes the Second Amendment null and void, like the parts in the Constitution about slaves and Indians being counted as three-fifths of a person in the Census.
But even if you still want to defend the Second Amendment, it should apply only to those who volunteer to join the select corps of their National Guard, undergo rigorous training to attain proficiency in military functions and perform the operations of an army, serve as ordered under the ultimate command of the president and be subject to military discipline.
So if youre running around waving your AK-47 under the Second Amendment, and you havent shown up yet at your local National Guard headquarters, youre not a patriot. Youre a deserter.
The author is another phanatic liberal Jew.
Arends discusses: "Federalist No. 29" as though he is locked-jawed about the only consideration for the creation of the BILL OF RIGHTS. Arends is wrong, of course. The BILL OF RIGHTS was a requirement by the anti-federalists; so his reference is only meaningful when you consider a totally lame exploitation of America's education system.
'Well regulated' at the tyme of the BILL OF RIGHTS writing meant that amoung the states that all federal law was equal of and towards the states. There was nothing more to the intent of the phrase until today's liberal, authoritarian facists that profess TOTAL federal government control stole the idea as meaning lots of unnecessary federal bureaucracy, as though we are to be ruled by a king.
I often laff at those that argue that BILL OF RIGHTS is for federal government. That is far from the truth. The BILL OF RIGHTS was an EXCLUSION from federal government and was for and about state authority.
Arends has his head up his ass but you knew that already.
#1: GrandIsland To: buckeroo (#0)
Then why post and spread his BS?
We have a closet agenda?
GrandIsland posted on 2016-06-21 07:34:32 Reply Private Reply
#2: Vicomte13 To: buckeroo (#0)
They have exactly the legal force as editorials in the New York Times.
Newspaper editorials, such as the Federalist Papers, are written by political partisans to public their point of view and try to persuade people. They are not legal documents. They are not "legislative history". They are newspaper editorials, and that's all they ever were.
It doesn't matter that together they are book length. It doesn't matter that as a people we revere the Founders. None of that elevates their political opinions in newspaper editorials of the time to the level of law. (This cuts all ways.)
The Federalist Papers give us a good idea of what some men of the leading men of the time thought. And yet, soon we had a Constitution, and we DIDN'T then proceed to restrict guns as Hamilton would have wished.
Vicomte13 posted on 2016-06-21 08:21:13 Reply Private Reply
#3: TrappedInMd To: buckeroo (#0)
Has Trump now agreed with Dems to confiscate our guns?
TrappedInMd posted on 2016-06-21 08:41:42 Reply Private Reply
#4: buckeroo To: GrandIsland (#1)
buckeroo posted on 2016-06-21 09:29:11 Reply Private Reply
#5: misterwhite To: Vicomte13 (#2)
The Federalist Papers were written by Alexander Hamilton, James Madison, and John Jay -- three of the Founding Fathers. Additionally, James Madison was the author of the U.S. Constitution. Meaning their comments offer much insight as to the original intent of that document.
The second amendment was written to protect the existence of well-regulated state militias. At the time, there was no federal army, nor did the Founders want one (for obvious reasons).
But the War of 1812 demonstrated a need for a standing federal army and, at that point, militias became moot. But the second amendment still protects well- regulated state militias like the Texas State Guard and State Militias in 21 other states.
Your individual right to keep and bear arms outside of the militia is protected by your state constitution. The Heller court ruled otherwise, but they were wrong.
misterwhite posted on 2016-06-21 10:00:30 Reply Private Reply
#6: ConservingFreedom To: buckeroo (#0)
Nice try - but the Second Amendment recognizes "the right of the people" not merely the right of the militia.
ConservingFreedom posted on 2016-06-21 11:10:29 Reply Private Reply
#7: Roscoe To: misterwhite (#5)
Now subject to being modified or overruled by federal judges. Just like the morons wanted.
Roscoe posted on 2016-06-21 11:13:48 Reply Private Reply
#8: misterwhite To: Roscoe (#7)
Yep. They put the fox in charge of protecting the henhouse.
misterwhite posted on 2016-06-21 11:51:46 Reply Private Reply
#9: buckeroo To: Vicomte13 (#2)
Ever read the anti-federalist papers?
If you did, you would know the foundation of the Bill of Rights. The BILL OF RIGHTS had nothing to do with the federalist papers which supported a strong central government. The anti-federalist papers (typically by "brutus") created the BILL OF RIGHTS to ensure immunity from federal government tyranny.
buckeroo posted on 2016-06-21 13:12:42 Reply Private Reply
#10: nolu chan To: buckeroo (#0)
The lie is a blatant bullshit distortion. It does not specifically say that right exists in order to maintain a well-regulated militia.
It says 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.
A well regulated militia is necessary to the security of a free state, to keep it free from a usurping Federal government. The right to keep and bear arms was for self-defense and collective defense.
The militia is made up of the people. When called to service, the people came with their own arms which they had bought with their own money.
This is silly bullshit, easily disproven by the definition of the militia in 1792 or 2016. The militia is, and has been, defined by Federal law.
At the time of the Framing and ratification of the Bill of Rights, the militia was viewed as a force for the people to defend against potential future usurpations of the federal government.
Madison, Federalist 46, re the Militia
The Militia Act of May 8, 1792 (repealed and replaced 1795).
Compare to current Federal law:
http://law.justia.com/codes/us/2012/title-10/subtitle-a/part-i/chapter-13/section-311/
http://law.justia.com/codes/us/2012/title-10/subtitle-a/part-i/chapter-13/section-312/
nolu chan posted on 2016-06-21 13:41:46 Reply Private Reply
#11: tpaine To: Roscoe, misterwhite, Nolu Chan, grandisland, gatlin, y'all canary's (#7)
misterwhite, at (#5) Pretends that your individual right to keep and bear arms outside of the militia is protected by your state constitution. -- IT IS NOT, as anyone that lives California or the other states infringing on the right can testify.
Moron Roscoe claims that our constitutional rights are now subject to being modified or overruled by federal judges. Just like the morons wanted, -- when of course, judges at ANY LEVEL have never had that power. -- They try, but eventually their infringements are shot down by the political process.
As we will see by a Trump election.
tpaine posted on 2016-06-21 18:06:36 Reply Private Reply
#12: Hondo68 To: tpaine (#11)
Judges have no method to enforce their rulings. Their "decisions" are toothless decrees. The executive branch is under no obligation to obey or enforce their opinions.
Presidents have ignored them, and will most likely continue to do so whenever they feel like it.
Hondo68 posted on 2016-06-21 18:23:55 Reply Private Reply
#13: tpaine To: hondo68, Y'ALL (#12)
Be prepared for a moronic silence.
tpaine posted on 2016-06-21 19:56:34 Reply Private Reply
#14: buckeroo To: hondo68, tpaine, GrandIsland (#12)
They may tap GrandIsland to put up his stop sign. Of course, GI is always looking for another free handout.
buckeroo posted on 2016-06-21 20:02:02 Reply Private Reply
#15: tpaine To: buckeroo, y'all (#14)
tpaine posted on 2016-06-21 20:26:02 Reply Private Reply
#16: misterwhite To: hondo68 (#12)
Yeah. That's what Governor Wallace thought as he stood at the schoolhouse door.
misterwhite posted on 2016-06-21 22:00:33 Reply Private Reply
#17: tpaine To: misterwhite (#16)
Misterwhite insists that States have the power to regulate/ban guns.
But they don't have the power to regulate who goes to which schools?
Hypocritical? - You bet.
tpaine posted on 2016-06-21 22:13:02 Reply Private Reply
#18: Roscoe To: misterwhite (#16)
The more you thrash the morons, the more stubbornly ignorant they become.
Roscoe posted on 2016-06-21 23:03:39 Reply Private Reply
#19: tpaine To: Roscoe, defends the canary morons, (#18)
But they don't have the power to regulate who goes to which schools?
Hypocritical? - You bet.
Roscoe observes.. --- Confirming he's a moron himself.
tpaine posted on 2016-06-22 01:26:22 Reply Private Reply
#20: nolu chan To: hondo68 (#12)
President Eisenhower, and U.S. Armys 101st Airborne Division informed Governor Orval Faubus differently.
Some presidents have acted unlawfully.
Why did President Nixon give up his tapes? SCOTUS has ruled unanimously and Congress was going to impeach and remove him if he refused to comply.
nolu chan posted on 2016-06-22 14:58:21 Reply Private Reply
#21: tpaine To: nolu chan, Hondo68, Y'ALL (#20)
In reply, our resident phony law expert replies: ---
Of course he did, because he AGREED with the SCOTUS, even though he was under no OBLIGATION to do so.
I doubt that you're quite this dumb, Chan, -- which makes you a purposeful propagandist.. A pitiful liar.
tpaine posted on 2016-06-22 15:39:31 Reply Private Reply
#22: nolu chan To: tpaine (#21)
And Nixon handed over the tapes because he AGREED with the SCOTUS, even though he was under no OBLIGATION to do so. Right on.
Marbury v. Madison, 5 U.S. 137 (1803)
Cooper v Aaron, 358 US 1 (1958)
It is the duty of the judiciary to say what the law is. The Supreme Court interpretation of the Constitution is the supreme law of the land. Every state legislator and executive and judicial officer is solemnly committed by oath to support the Constitution.
Per Article II of the Constitution, the President
And,
The Constitution, and the rest of the laws, are what the judiciary says they are. It is not up to the douchebaggery of tpaine. And the President is lawfully required to obey the laws as interpreted by the judiciary.
nolu chan posted on 2016-06-23 17:39:02 Reply Private Reply
#23: buckeroo To: nolu chan, tpaine (#22)
Where/how/when did the US Supreme Court receive the authority to interpret the US Constitution?
buckeroo posted on 2016-06-23 20:16:48 Reply Private Reply
#24: GrandIsland To: buckeroo (#23)
When it became common knowledge that the anarchist crowd lacked the IQ to interpret it well enough not to shit on their neighbor.
GrandIsland posted on 2016-06-23 21:08:57 Reply Private Reply
#25: buckeroo To: GrandIsland (#24)
buckeroo posted on 2016-06-23 21:15:55 Reply Private Reply
#26: tpaine To: nolu chan (#22)
Completely wrong, -- our Constitution is the supreme law of the land,-- And the SCOTUS interpretations or opinions cannot change the constitution.
Every state legislator and executive and judicial officer is solemnly committed by oath to support the Constitution.
Per Article II of the Constitution, the President: ---
Before he enter on the execution of his office, he shall take the following oath or affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United State's."
You cannot quote any constitutional basis for your opinion above. -- Our President is required by oath to defend the Constitution itself, NOT opinions about or interpretations of the document.
We live in a constitutional republic, and are not ruled by our judicial branch.
tpaine posted on 2016-06-23 21:17:01 Reply Private Reply
#27: buckeroo To: tpaine (#26)
buckeroo posted on 2016-06-23 21:22:43 Reply Private Reply
#28: tpaine To: buckeroo (#25)
The US Supreme Court has the authority to "interpret" the US Constitution, but their 'authority' is to issue opinions, -- opinions which are NOT binding on the legislative, -- or the executive branch.
This is what the founders INTENDED, -- a separation of powers..
tpaine posted on 2016-06-23 21:26:13 Reply Private Reply
#29: buckeroo To: tpaine (#28)
No it doesn't, tpaine. Please cite the where/how/when that authority was manifested.
buckeroo posted on 2016-06-23 21:28:02 Reply Private Reply
#30: tpaine To: buckeroo (#29)
Article III of the Constitution enumerates the powers of the judicial branch.
Feel free to read it to find their manifested authorities.
tpaine posted on 2016-06-23 21:36:30 Reply Private Reply
#31: buckeroo To: tpaine (#30)
Thanks.
Lets see ... lets investigate Section 2 of Article III; please post Article III Section 2, so we can agree with your perspective.
buckeroo posted on 2016-06-23 21:52:51 Reply Private Reply
#32: tpaine To: buckeroo (#31)
Feel free to read it to find their 'manifested authorities', as you put it.
You claim that section proves your point? -- post it yourself,- - with your opinions.
tpaine posted on 2016-06-23 22:11:11 Reply Private Reply
#33: buckeroo To: tpaine (#32)
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;to all Cases affecting Ambassadors, other public Ministers and Consuls;to all Cases of admiralty and maritime Jurisdiction;to Controversies to which the United States shall be a Party;to Controversies between two or more States; between a State and Citizens of another State,between Citizens of different States,between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
OK, done. Show LF where I am incorrect.
Thanks, in advance.
buckeroo posted on 2016-06-23 22:19:04 Reply Private Reply
#34: tpaine To: buckeroo (#33)
Feel free to read it to find their 'manifested authorities', as you put it.
You claim that section proves your point? -- post it yourself,- - with your opinions.
Article III Section. 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;to all Cases affecting Ambassadors, other public Ministers and Consuls;to all Cases of admiralty and maritime Jurisdiction;to Controversies to which the United States shall be a Party;to Controversies between two or more States; between a State and Citizens of another State,between Citizens of different States,between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
You claimed it showed their 'manifested authorities'. Where are they?
You gave my reply to nolu a +10, in agreement. -- In effect you're now taking his POV, -- that the SCOTUS has the power to issue binding opinions?
Scotus interpretations/opinions of our Constitution are not binding on anyone. They are just opinions issued about the case at issue, nothing more.
tpaine posted on 2016-06-23 23:08:36 Reply Private Reply
#35: buckeroo To: tpaine (#34)
buckeroo posted on 2016-06-23 23:14:05 Reply Private Reply
#36: tpaine To: buckeroo (#35)
I don't agree that Art III, Section 2 makes that clear, and neither does nolu, and the Statists.
Every branch and level of our governments, and individual citizens, have the authority to interpret our Constitution.
And a duty to honor it, as written.. Although NO one has the authority to force their particular opinion to be honored.
tpaine posted on 2016-06-23 23:36:56 Reply Private Reply
#37: buckeroo To: tpaine (#36)
buckeroo posted on 2016-06-24 20:44:00 Reply Private Reply
#38: tpaine To: buckeroo (#37)
And a duty to honor it, as written.. Although NO one has the authority to force their particular opinion to be honored.
The SCOTUS applies the US Constitution (as they interpret it) to all laws UNDER the Constitution. -- In any real sense, we agree, despite our quibbling about 'interpretation'.
tpaine posted on 2016-06-24 21:34:02 Reply Private Reply
#39: buckeroo To: tpaine (#38)
Here is what nolu chan suggested within his pathetic post: The Supreme Court interpretation of the Constitution is the supreme law of the land. Just like the idea: the US government owns the US Constitution.
buckeroo posted on 2016-06-24 22:37:19 Reply Private Reply
#40: tpaine To: buckeroo (#39)
Whatever. -- At least I'm trying not to quibble..
And everyone agrees that he's wacko.
--- ?? --- Far out...
tpaine posted on 2016-06-24 22:50:20 Reply Private Reply
#41: buckeroo To: tpaine, nolu chan (#40)
buckeroo posted on 2016-06-24 23:08:43 Reply Private Reply
#42: tpaine To: buckeroo (#41)
tpaine posted on 2016-06-24 23:22:16 Reply Private Reply
#43: buckeroo To: tpaine (#42)
Massive blood letting about human bodies falling from revolution is evident, if the US government considers 'control' of the US Constitution. As a function of the bill of rights built into the US Constitution, there can be no placid, liquid and far - off reach politician to help the situation.
buckeroo posted on 2016-06-24 23:30:02 Reply Private Reply
#44: tpaine To: buckeroo (#43)
tpaine posted on 2016-06-24 23:34:16 Reply Private Reply
#45: buckeroo To: tpaine (#44)
The nation was built from revolution. Revolution is built into the US Constitution. You can do anything you want to avoid the truth.
buckeroo posted on 2016-06-24 23:38:31 Reply Private Reply
#46: tpaine To: buckeroo (#45)
Why do you imagine I'm avoiding the truth?
tpaine posted on 2016-06-25 00:34:10 Reply Private Reply
#47: nolu chan To: buckeroo (#41)
If any case arises under the Constitution, the Laws of the United States, or Treaties made under their Authority, and such case requires interpreting the Constitution, the Federal courts have jurisdiction to render the prevailing interpretation for all legal purposes.
It's a dirty job but somebody has to do it. The Constitution appoints the judiciary to perform the job.
nolu chan posted on 2016-06-25 22:52:12 Reply Private Reply