Friday, November 13, 2009

Who are "the people" in the Second Amendment?

"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."





The literal interpretation of this Amendment is that people - you know, people, like you or me - have an inalienable right to own and carry small weapons, such as guns.





Two arguments are sometimes lodged against the literal interpretation - one is that "the people" doesn't mean the people. The other is that the whole right is limited to purposes of national defense - which I'll address in another question.





The Fourth Amendment protects "the right of the people to be secure in their persons, houses, papers...." No Leftist (or anyone else) in the US argues that "the people" in the 4th Amendment doesn't mean individual people.





If by "the people" the Founders meant something other than what they meant in the 4th Amendment, why would they use the same term?





It seems pretty straightforward - the people means the people.

Who are "the people" in the Second Amendment?
the "People" in all of the amendments means the citizens of the USA
Reply:Actually initially the "people" meant white landowners, no one else had the franchise to vote. Currently the franchise has been extended a bit. The "people" means voters.
Reply:You are right, we are the people.All God fearing citizens who believe we must watch our elected congressmen and protect our hard earned rights and country.
Reply:Correct. You've answered your own question.





What did the Founders think?





George Washington: "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence."





Thomas Jefferson: "And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms.... The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants."





Richard Henry Lee: "To preserve liberty it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them."





Alexander Hamilton (Federalist No. 28): "If the representatives of the people betray their constituents, there is no recourse left but in the exertion of that original right of self‑defense which is paramount to all forms of positive government."





And in Federalist No. 46, Hamilton said, "The best we can hope for concerning the people at large is that they be properly armed."
Reply:Since the US Constitution is a Legal document common sense tells us that once you interpret the words "the People" to mean all US Citizens in one ammendment you MUST interpret the words "The People" to mean the same thing each and every time it is used in that document.





Every Supreme Court decision that has interpreted "The People" has gone with the all US Citizens view.
Reply:you are 100% right
Reply:You are essentialy correct. What the founders intended was for the people to keep and bear arms, ready for the defense of the nation OR to rise up and rebel against a new government gone haywire.





Mostly what their vision of a "well regulated militia" would look like is Neighborhood Watch with M-16's. The National Guard ain't what they were thinkin' about.
Reply:You are correct. Now you can lose rights, if you commit a felony and so forth.
Reply:WE are the people, the Militia is an armed force comprised of private citizens who are not governed by the US Government.





Opponents to the second amendment claim it's the Army that only should have the right to bear arms but I completely disagree since that is pretty straight forward that they are armed and should not even have to be an amendment.
Reply:If I were given a time machine and had only one round trip back into the past, I would go back in time and beg the Framers of the Constitution to clarify the Second Amendment, one way or the other.


I believe it confers an individual right.


No comments:

Post a Comment