3/12/2010

What does the 2nd amendment mean?

In honor of the current Supreme Court case, I thought I would post a few things I found on the internet about the words found in the 2nd Amendment.

(Found in the comments here - http://twowheeledmadwoman.blogspot.com/2010/03/regulate-means-facilitate.html)

“One problem with the English language is that words change over time. For example, the word “gay” has had two major shifts in my lifetime. The 2nd Amendment was written in the language of the day and it often requires going back to the definitions in one of first issues of the Oxford English Dictionary to understand what was said."Regulated" is one of those words that has changed dramatically from the time that the Bill of Rights was adopted. One archaic definition of “regulated” is smooth or practiced; a ballerina's movements might be called well regulated. It takes training and practice to correctly load and accurately fire a muzzle loading rifle. I maintain the correct definition of “Well-Regulated” is proficient rather than subject to bureaucratic whim & fancy. People of the day despised bureaucrats, regarded them as little more than thieves and it would be ludicrous to imagine that after throwing out one tyranny, they would set up another.“Militia” is another word that's largely dropped out of common usage. In its' most common form, the term "militia" was that group of people able to defend the community. In past times, the people who show up to help assist at disasters would be called militia rather than volunteers. I'm no constitutional lawyer but I'm guessing that if the 2nd Amendment were translated into contemporary vernacular, it might read something like this; "Since a proficient population of shooters is needed to defend a free state, the government shall not make any laws which abridge the rights of law abiding citizens to keep, transport and use arms of any sort, for any reason.”An interesting sidelight is that, at the time the Bill of Rights was adopted, American citizens could keep and use all the arms of the day. It was common for businesses to build their own warships and operate as privateers; not unlike modern bounty hunters. In modern terms, this would be like someone owning a Perry class frigate and all the missiles and weaponry that goes with it.”


Here was the definition of Militia from the Militia Act of 1792 (Found Here - http://www.constitution.org/mil/mil_act_1792.htm)
I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.

Again it is very clear that the militia was intented to be the Army. If you look in the constitution, the Army we have now isn't supposed to exist. (No standing army for more than 2 years).

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