tag:blogger.com,1999:blog-7877849.post6263020278690006365..comments2024-03-29T16:46:05.579+10:00Comments on GUN WATCH: Fictional Character Quoted as Authoritative on Second Amendmentjonjayrayhttp://www.blogger.com/profile/13363092874281160320noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-7877849.post-77995084602391054032016-12-31T04:43:53.657+10:002016-12-31T04:43:53.657+10:00David I. Caplan, who has examined this issue in de...David I. Caplan, who has examined this issue in depth, provides this analysis:<br /><br />"In colonial times the term ‘well regulated’ meant ‘well functioning’ ― for this was the meaning of those words at that time, as demonstrated by the following passage from the original 1789 charter of the University of North Carolina: ‘Whereas in all well regulated governments it is the indispensable duty of every Legislatures to consult the happiness of a rising generation…’ Moreover the Oxford English Dictionary defines ‘regulated’ among other things as ‘properly disciplined;’ and it defines ‘discipline’ among other things as ‘a trained condition.’"<br /><br />After reading your comments I decided to do more reading of scholarly research as regards the inclusion of the words "well regulated militia".<br /><br />If you are interested I recommend this, I found it to be quite informative:<br />A Well-Regulated Militia: The Founding Fathers and the Origin of Gun Control in America<br />http://scholarship.law.wm.edu/wmborj/vol15/iss4/6/<br /><br />EXCERPT:<br />Thomas Cooley's General Principles of Constitutional Law<br /><br />Thomas Cooley was the most renowned American legal authority of his age.<br /><br />Cooley became the first Dean of the University of Michigan Law School, and later sat on the Michigan Supreme Court; Roscoe Pound named him as among the top ten American judges of all time, and one scholar considers him "the most influential legal author of the late nineteenth and early twentieth centuries.<br /><br />His book, The General Principles of Constitutional Law was released in 1880. Cooley treated the Second Amendment as an individual right. Indeed, Cooley went further and pointed out that if the right to arms were limited to militia-related arms possession, then the guarantee would be meaningless.The very government that it was meant to check-and that could control the definition of the militia-would be in a position to define its boundaries and negate any checks upon itself, defeating the Framers' intent.<br /><br />"It may be supposed from the phraseology of this provision that the right to keep and bear arms was only guaranteed to the militia; but this would be an interpretation not warranted by the intent. The militia, as has been elsewhere explained, consists of those persons who, under the law, are liable to the performance of military duty, and are officered and enrolled for service when called upon. But... if the right were limited to those enrolled, the purpose of this guaranty might be defeated altogether by the action or neglect to act of the government it was meant to hold in check. The meaning of the provision undoubtedly is, that the people, from whom the militia must be taken, shall have the right to keep and bear arms, and they need no permission or regulation of law for the purpose."Old Kentucky Guyhttps://www.blogger.com/profile/17071210893431348343noreply@blogger.comtag:blogger.com,1999:blog-7877849.post-12097338704210381972016-12-30T18:37:42.167+10:002016-12-30T18:37:42.167+10:00you would be correct if the federal government was...you would be correct if the federal government was intended to oversee the militia...it was not. states oversaw the militia's and expected "every able bodied man" to not only own his own weapon, but be proficient in it's use and operation should the need arise to call upon the militia to protect the people from their government, the reason the militia was created. in fact, it was a requirement that each state maintain their own militia. the militia, as described in the federalist papers are the people..."who are the militia, if not the people themselves". the intent was to maintain an armed populace of private citizens to be called up on by the state in defense of the state. they could also be called upon by the nation, should the need arise, so long as tyranny is not in place. well regulated DID mean well trained and proficient. it would be antithetical to create a militia to protect you from your own tyrannical government, and then have said militia be overseen by that very same government. this is how you know the meaning they meant to convey...well-regulated - well trained, proficient in the use and operation of your weapons/gear and ready to be called upon to fight in defense of your state and your nation. they believed if you were fighting a tyranny in your own government that you WERE fighting in defense of the nation.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7877849.post-27426528800084867522016-12-30T18:23:41.593+10:002016-12-30T18:23:41.593+10:00Well You really have no complaint if you fail to r...Well You really have no complaint if you fail to read the constitution , study it and know what is in it. nothing to brag about if you only know what the second amendment says you need to know why it says what it says. Understand the history and know why it was written to start with. then get off your ass and challenge legislators on their knowledge of it and vote intelligently. If you do not vote then shut up you have no complaint. Voting is a right and a duty.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7877849.post-78253017062367982452016-12-28T13:38:08.107+10:002016-12-28T13:38:08.107+10:00kybourbonboy said...
>>"Well regulated&...kybourbonboy said...<br />>>"Well regulated" meant nothing like the contemporary meaning. It mean well >>trained. Not organized and run by the government the 2A was written to protect us >>from."<br /><br />This is incorrect. The word regulate had multiple meanings in the 1780s, just as it does today. And the particular meaning which has to do with government rule-making was used exactly the same way in the 1780s as it is today. Since the Bill of Rights is a document discussing government rule-making, this meaning of regulate is certainly the one being used in the Second Amendment. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7877849.post-80001665924865152332016-12-18T10:00:08.126+10:002016-12-18T10:00:08.126+10:00Not that facts matter when dealing with ignorant p...Not that facts matter when dealing with ignorant people but...<br /><br />At the time 2A was written, "militia" referred to ALL able bodied men, not a formal organization.<br /><br />"Well regulated" meant nothing like the contemporary meaning. It mean well trained. Not organized and run by the government the 2A was written to protect us from.<br /><br />Logic. Why would the framers write something designed to inform and remind tyrants we can and will protect ourselves from them and give the tyrants control of it?Old Kentucky Guyhttps://www.blogger.com/profile/17071210893431348343noreply@blogger.com