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05-Oct-2019 07:57

The Second Amendment to the Federal Constitution would provide: "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."[16] Such a view was uniquely American.

The bravery of women became commonplace, and anyone who waited for the arrival of "troops" did not last long.[14] The colonists' reliance on arms was such that an Anglican minister could write from Maryland in 1775: Rifles, infinitely better than those imported, are daily made in many places in Pennsylvania, and all the gunsmiths everywhere constantly employed.The right to remain silent and have counsel present during a custodial interrogation, for example, has been assailed by no less a jurist than Justice White: "In some unknown number of cases the Court's rule will return a killer, a rapist or other criminal to the streets and to the environment which produced him, to repeat his crime whenever it pleases him."[2] Citizens of the United States have never approved any constitutional amendment as an idle exercise to protect nugatory rights or nebulous entities.Underscoring this point, a commentator made this apt observation: "[C]onstitutions are not made to create rights in the people, but in recognition of, and in order to preserve them, and that if any are specially enumerated and specially guarded, it is only because they are peculiarly important or peculiarly exposed to invasion."[3] The second amendment contains a number of ideas: (1) a well-regulated militia; (2) the security of a free state; and (3) two separate rights of the people that may not be infringed--the right to keep arms; and the right to bear arms.A strict interpretivist approach can cut both ways.[9] On the one hand, the right to arms is preserved as it existed in the eighteenth century by limiting the right to those arms commonly possessed by the people at that time and to their modern equivalents.On the other hand, limiting the right to arms to that dimension, modern arms falling outside that dimension would lie outside the right to arms.[10] This article will demonstrate that the Framers intended that the second amendment guarantee to the individual the right to keep and bear arms for the following purposes: (1) to enable the individual to perform militia duties; (2) to deter governmental oppression; (3) to maintain public order; and (4) to enable the individual to exercise his right to self-defense.

The bravery of women became commonplace, and anyone who waited for the arrival of "troops" did not last long.[14] The colonists' reliance on arms was such that an Anglican minister could write from Maryland in 1775: Rifles, infinitely better than those imported, are daily made in many places in Pennsylvania, and all the gunsmiths everywhere constantly employed.The right to remain silent and have counsel present during a custodial interrogation, for example, has been assailed by no less a jurist than Justice White: "In some unknown number of cases the Court's rule will return a killer, a rapist or other criminal to the streets and to the environment which produced him, to repeat his crime whenever it pleases him."[2] Citizens of the United States have never approved any constitutional amendment as an idle exercise to protect nugatory rights or nebulous entities.Underscoring this point, a commentator made this apt observation: "[C]onstitutions are not made to create rights in the people, but in recognition of, and in order to preserve them, and that if any are specially enumerated and specially guarded, it is only because they are peculiarly important or peculiarly exposed to invasion."[3] The second amendment contains a number of ideas: (1) a well-regulated militia; (2) the security of a free state; and (3) two separate rights of the people that may not be infringed--the right to keep arms; and the right to bear arms.A strict interpretivist approach can cut both ways.[9] On the one hand, the right to arms is preserved as it existed in the eighteenth century by limiting the right to those arms commonly possessed by the people at that time and to their modern equivalents.On the other hand, limiting the right to arms to that dimension, modern arms falling outside that dimension would lie outside the right to arms.[10] This article will demonstrate that the Framers intended that the second amendment guarantee to the individual the right to keep and bear arms for the following purposes: (1) to enable the individual to perform militia duties; (2) to deter governmental oppression; (3) to maintain public order; and (4) to enable the individual to exercise his right to self-defense.In this country, my lord, the boys, as soon as they can discharge a gun, frequently exercise themselves therewith, some a fowling and others a hunting.