General Discussion
In reply to the discussion: "A well regulated Militia, being necessary to the security of a free State..." [View all]jmg257
(11,996 posts)Let's see:
"The Congress shall have the power:"
"To provide for organizing, arming and disciplining the Militia..reserving to the States the authority of training the Militia according to the discipline proscribed by Congress"
And by looking at the 1st Militia Acts and the debates surrounding it to see how the Congress provided these guidelines, it is quite clear the people were to provide their own arms for militia service.
In 1 page or less:
The purpose of the 2nd amendment is to secure the Militias.
Why? Our freedoms depend on it; the freedom of the States, and the existence of the Union depend on it.
US Constitution, Article 1 Section 8; The VERY VITAL Role of the Militias in securing our liberties:
"To provide for calling forth the Militia {of the several States} to execute the Laws of the Union, suppress Insurrections and repel Invasions"
Article 4 Section 4
"The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence".
Preamble:
..in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty
The newly assigned powers of Congress, over the existing Miltiias of the Several States:
Article 1 Section 8
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Powers taken from the States, that if usurped, or ignored, could be exploited by tyrants.
How?
In Congress 1789...
Mr Gerry: "Now, I am apprehensive, sir, that this {religious exemtion} clause would give an opportunity to the people in power to destroy the constitution itself. They can declare who are those religiously scrupulous, and prevent them from bearing arms.
What, sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty. Now, it must be evident, that, under this provision, together with their other powers, Congress could take such measures with respect to a militia, as to make a standing army necessary. Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins."
Mr. Scott: objected to the clause in the sixth amendment, "No person religiously scrupulous shall be compelled to bear arms." He observed that if this becomes part of the constitution, such persons can neither be called upon for their services, nor can an equivalent be demanded; it is also attended with still further difficulties, for a militia can never be depended upon. This would lead to the violation of another article in the constitution, which secures to the people the right of keeping arms, and in this case recourse must be had to a standing army.
The 2nd secured the Militias, it prevents them from being "destroyed".
1) it declares the Militias ARE NECESSARY.
2) it declares they must be well-regulated - well armed and well trained.
3) it keeps the governments from violating the right of the people to keep and bear arms (i.e. DISarm them)
It keeps the Congress and the States from ignoring, or disarming or otherwise leaving the Militias ineffective.
As Rep Gerry said...
Mr. Gerry: objected to the first part of the clause, on account of the uncertainty with which it is expressed. A well regulated militia being the best security of a free State, admitted an idea that a standing army was a secondary one. It ought to read, "a well regulated militia, trained to arms;" in which case it would become the duty of the Government to provide this security, and furnish a greater certainty of its being done.