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jimmy the one

(2,843 posts)
19. Magic Time
Thu Jul 25, 2013, 04:01 PM
Jul 2013

N-unicorn: How then can the 2nd Amendment NOT be designed to give THE PEOPLE the ultimate means..
2 lizzie poppet: RKBA is quite unequivocally ascribed to the set "the people" by virtue of direct attribution.. (.."militia," a subset of "the people.&quot . Were these terms used synonymously, there would be no reason to differentiate...

That's the gun lobby manipulation & spin (to lizzie), & note women couldn't even vote less yet have a right to bear arms in 1791. Unequivocally you say? why all the dispute the past 50 years then?;

Observe now - Presto - Abracadabra - Behold as I conjure up how tench coxe equated the militia with the people in the first draft of 2ndA: .. Sam Adams very first 2ndAmendment draft - written feb 6, 1788: .. "And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms." --- Samuel Adams, (Feb 6, 1788) This language was proposed in the Massachusetts convention for ratification of the U.S. Constitution to be added to Article I of that document. http://en.wikiquote.org/wiki/Second_Amendment_to_the_United_States_Constitution
Also see 'sam adams': http://www.guncite.com/journals/haladopt.html

Note that in the first draft of 2ndA above, there is no mention of a militia - sam adams simply said congress could not 'prevent the people of the United States, who are peaceable citizens, from keeping their own arms'.

In response to this proposed amendment/draft, tench coxe wrote 2 wks later feb20,1788: .. The powers of the sword are in the hands of the yeomanry of America from 16 to 60. The militia of these free commonwealths, entitled and accustomed to their arms, when compared with any possible army, must be tremendous and irresistible. Who are the militia? Are they not ourselves? .. Congress has no power to disarm the militia. Their swords and every terrible implement of the soldier are the birthright of Americans. The unlimited power of the sword is not in the hands of either the federal or state governments but where, I trust in God, it will always remain, in the hands of the people. http://en.wikiquote.org/wiki/Tench_Coxe

Why did tench coxe introduce the word militia 3 times in his response to Sam Adams' first draft of 2ndA, when militia was not even mentioned in the first draft? There had been no federal constitutional 2ndA draft previous for coxe to say what he said (only state rkbas). Had he thought 'the people' had an individual rkba disconnected from militia service, coxe would not have introduced militia at all when remarking upon the first draft which mentioned only 'the people'.
Coxe obviously & clearly uses 'the people' interchangeably with 'the militia' - accepted as free white males aged 16-60 (later reduced to 45 in 1792). Joseph Story does it as well as demonstrated in discntnt's thread elsewhere.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Our right to life, liberty, and pursuit of happiness depends on protecting ourselves. ileus Jul 2013 #1
It is different than all the others you listed, safeinOhio Jul 2013 #2
It also secures "the right of the people" in the same context as every other usage of the term. Nuclear Unicorn Jul 2013 #3
Agreed; k&r discntnt_irny_srcsm Jul 2013 #4
I think it is pretty clear that the 2nd Amendment was aimed at individual rights. McPops Jul 2013 #5
Welcome discntnt_irny_srcsm Jul 2013 #6
There have been many so far. oneshooter Jul 2013 #7
Welcome. This thread is a necessary reinforcement of Eleanors38 Jul 2013 #11
Agreed. In fact, it's not possible to parse the language any other way... Lizzie Poppet Jul 2013 #12
nuclear option jimmy the one Jul 2013 #8
Um...no. Lizzie Poppet Jul 2013 #13
That explains why post-BoR state constitutions clarified matters. AtheistCrusader Jul 2013 #37
Of course the 2nd was a guard against the govt. It was intended to keep the jmg257 Jul 2013 #9
The "negative" language of the Second as well as the other rights... Eleanors38 Jul 2013 #10
I would buttress your argument with the observation Nuclear Unicorn Jul 2013 #14
Purposes of the Militias...and "a free State"... jmg257 Jul 2013 #15
I would agree with your "offset" argument. In fact.... Eleanors38 Jul 2013 #16
It's for defense either national or personal or anything in between. nt rrneck Jul 2013 #17
The 2nd didn't put exclusive power in the hands of the govt (never actually heard anyone say this). jmg257 Jul 2013 #18
Magic Time jimmy the one Jul 2013 #19
I'm not seeing that as a refutation of my premise. Nuclear Unicorn Jul 2013 #20
miller 1939 jimmy the one Jul 2013 #21
"The heller decision was split along political lines, 5-4." Irrelevant Nuclear Unicorn Jul 2013 #24
Magic jimmy can talk out of his a*# hansberrym Jul 2013 #32
behold, a real magician jimmy the one Jul 2013 #33
Of course you didn't know... that Sam Adams was not among the minority of Pennsylvania? hansberrym Jul 2013 #34
mensheviks jimmy the one Jul 2013 #35
Magic jimmy's "likely hypothesis "... hansberrym Jul 2013 #36
my friends & countrymen jimmy the one Jul 2013 #39
untenable and transparent indeed! hansberrym Jul 2013 #40
Hansel & Prattle jimmy the one Jul 2013 #42
Jimmy dear... it may take you a little longer than the other boys and girls to catch on hansberrym Jul 2013 #43
Tee Hee... I see where you went off track, it could have happened to anyone! hansberrym Jul 2013 #44
Holy crap, you actually used the reply button correctly for once! good job! AtheistCrusader Jul 2013 #38
I suppose... discntnt_irny_srcsm Jul 2013 #41
2ndA is obsolete & antiquated jimmy the one Jul 2013 #22
Semi-auto long rifles are not "military style assault weapons" except in appearance Nuclear Unicorn Jul 2013 #23
It is a shame the 2nd does not explicitly assign the right Riftaxe Jul 2013 #28
miller was apolitical jimmy the one Jul 2013 #25
. Nuclear Unicorn Jul 2013 #26
2ndA oblivion jimmy the one Jul 2013 #29
No, the RKBA is as relevant today as ever. Nuclear Unicorn Jul 2013 #30
Thats a matter of opinion. beevul Jul 2013 #31
lyao? why? jimmy the one Jul 2013 #46
I guess that is as close as you will come to admitting your errors. hansberrym Jul 2013 #47
colonectomy needed jimmy the one Jul 2013 #49
unbelieveable indeed! hansberrym Jul 2013 #52
Hansel & Prattle II jimmy the one Jul 2013 #45
jimmy logic: If its the first one listed, then it is the first one! hansberrym Jul 2013 #48
OOC again, & dissimilar jimmy the one Jul 2013 #50
Did you just discover that? Really? hansberrym Jul 2013 #51
mad brigade jimmy the one Jul 2013 #54
Did you just discover that? Really? The Sequel hansberrym Jul 2013 #57
It's almost as if the Bill of Rights was written Riftaxe Jul 2013 #27
It can be if one thinks of it as this: Tuesday Afternoon Jul 2013 #53
It's right there in the preamble.. X_Digger Jul 2013 #55
Yup. beevul Jul 2013 #56
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