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[jimmy the one]

227. vintage 2ndA mythology

Last edited Mon Oct 27, 2014, 03:47 PM - Edit history (1)

1 sari/jeff: "The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed."

2 sari: You are correct in the the parenthesized words are an addition. It seems a small quibble as it does not change the overall meaning.

It certainly does change the overall meaning; by including 'and *of the constitution* of the United States', it changes it to infer & mislead that Jefferson was including the 2nd amendment, & thus mislead that jeff was referring to all the states & the fed rather than just 'most states'.
Without the parenthesized 'and of the United States', there is no subliminal link to the 2ndA.
Whoever included the parens was trying to mislead that jeff was referring to the 2ndA and that it conveyed a 'right & duty to be at all times armed'. It's vintage 2nd amendment mythology.

sari: Sounds like Mr. Jefferson believed in people able to own arms as individuals

A leap too far. (addendum on edit) - in that he didn't think they had an individual rkba outside of militia service. The right was incumbent on militia service. Of course he'd think they could own arms as individuals, just not that the 2ndA gave that individual right disconnected from milita.
What jeff said - power inherent in the people - comports with the militia view, as a powerful militia; with an individual rkba the populace was inept & more a threat internally- Washington wanted a select militia not everyone.

Or - that they may exercise it by themselves - he's advising all the fat white people should carry a 7 lb musket for exercise????

sari: .. several states had individual RKBA contemporary with or preceding the Constitution. Several more had added it before 1824.

What you refer to was a supplementary individual right which went alongside the militia collective right.
All states included a collective militia rkba, the individual rkba was alongside it. If 2ndA had meant what scalia contends, why would they even have needed a militia rkba?