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Thread: Chuck Woolery on Assault Weapons

  1. #41

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    I just wanted to take the time to say, i posted the video not because of who was in the video, but what he said.

    Thats all...
    Andrew


  2. #42
    Senior Member Desert Rat!'s Avatar
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    Copy that ElevenBravo, no problem here.

  3. #43

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    Very intersesting....


  4. #44
    Administrator Rick's Avatar
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    On page 20 of the Court's Opinion deals with what a "well regulated" militia actually means.

    "...the adjective “well-regulated” implies nothing more than the imposition of proper discipline and training."

    The court found that "militias" were not something created by the 2nd Amendment but were already in existence.

    "Unlike armies and navies, which Congress is given the power to create (“to raise . . . Armies”; “to provide . . . a Navy,” Art. I, §8, cls. 12–13), the militia is assumed by Article I already to be in existence. Congress is given the power to “provide for calling forth the militia,” §8, cl. 15; and the power not to create, but to “organiz[e]” it—and not to organize “a” militia, which is what one would expect if the militia were to be a federal creation, but to organize “the” militia, connoting a body already in existence"

    They also spell out the necessity of a militia on pages 24 and 25:

    "There are many reasons why the militia was thought to be “necessary to the security of a free state.” See 3 Story §1890. First, of course, it is useful in repelling invasions and suppressing insurrections. Second, it renders large standing armies unnecessary—an argument that Alexander Hamilton made in favor of federal control over the militia. The Federalist No. 29, pp. 226, 227 (B. Wright ed. 1961) (A. Hamilton). Third, when the able-bodied men of a nation are trained in arms and organized, they are better able to resist tyranny."

    They went on to explain:

    "We reach the question, then: Does the preface fit with an operative clause that creates an individual right to keep and bear arms? It fits perfectly, once one knows the history that the founding generation knew and that we have described above. That history showed that the way tyrants had eliminated a militia consisting of all the ablebodied men was not by banning the militia but simply by taking away the people’s arms, enabling a select militia or standing army to suppress political opponents. This is what had occurred in England that prompted codification of the right to have arms in the English Bill of Rights.

    The debate with respect to the right to keep and bear arms, as with other guarantees in the Bill of Rights, was not over whether it was desirable (all agreed that it was) but over whether it needed to be codified in the Constitution. During the 1788 ratification debates, the fear that the federal government would disarm the people in order to impose rule through a standing army or select militia was pervasive in Antifederalist rhetoric. See, e.g., Letters from The Federal Farmer III (Oct. 10, 1787), in 2 The Complete Anti-Federalist 234, 242 (H. Storing ed. 1981). John Smilie, for example, worried not only that Congress’s “command of the militia” could be used to create a “select militia,” or to have “no militia at all,” but also, as a separate concern, that “[w]hen a select militia is formed; the people in general may be disarmed.” 2 Documentary History of the Ratification of the Constitution 508–509 (M. Jensen ed. 1976) (hereinafter Documentary Hist.). Federalists responded that because Congress was given no power to abridge the ancient right of individuals to keep and bear arms, such a force could never oppress the people. See, e.g., A Pennsylvanian III (Feb. 20, 1788), in The 26 DISTRICT OF COLUMBIA v. HELLER"

    http://www.scotusblog.com/wp-content.../06/07-290.pdf

    It would be my interpretation and only mine that the Founders wrote the 2nd Amendment in an effort to protect the citizenry from THEM. They wanted to ensure that the citizens need not fear the government, which they were at the time. SCOTUS seems to be of that opinion as well. At least that's how I read it.
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