well-regulated militia

Second Amendment Follies, Part 3: “the Security of a Free State”

Posted by

7

Right-to-bear-arms-750x400

So we have seen that the real purpose of the Second Amendment was to guarantee a “well-regulated militia”. Why? Well, continue reading to the next phrase: “being necessary to the security of a free state”. Which is, compared to some of the other amendment’s components, rather straightforward. Which hasn’t prevented the gun fanatics from turning it completely on its ear.

According to them, the real function of this beatific addendum to the Constitution is so “patriots” can be armed to fight against their own government (if the president happens to be a Democrat). Under their logic, they could offer the ultimate demonstration of their “patriotism” and “support for the troops” by killing as many troops as possible.

Never mind that the chances of an armed citizenry successfully fighting an armed government are exactly two: slim and none. No, make that infinitesimally slim and none. The peddlers of this myth like to claim that the American Revolution itself was an example of such a successful campaign. Nope. The Revolutionary War was not fought between civilians and their government; it was fought between armies, supplemented by militia. And that militia, as we’ve already noted, was not merely a gaggle of armed citizens.

But at the moment, we’re not really concerned about how realistic this bit of dogma is, but rather with how constitutionally grounded it is or isn’t. And the gunsters also maintain that the Founders wanted future citizens to be prepared to fight their own government because that’s what they themselves had had to do. In other words, having overcome a tyrannical regime imposed by a monarch on the other side of the planet, the Founders carefully and meticulously constructed a new republic with a system of checks and balances designed to make certain that its government never became monarchical; yet they had such little faith in this new system they designed that they also installed a loophole to encourage anarchy against it.

To buttress this claim, gunsters often quote the Founders on the topic, or at least so it appears. Here’s one example that’s been making the rounds.

27858631_10212406549412444_6765871145228418682_n

Seems like an unequivocal pronouncement from an unequivocal Revolutionary authority, no? Unfortunately, this photo is fake, and so is the quote — at least the part of it that really matters to the gun cult.  Washington’s actual statement, in part, was this:

A free people ought not only to be armed but disciplined; to which end a Uniform and well digested plan is requisite: And their safety and interest require that they should promote such manufactories, as tend to render them independent on others, for essential, particularly for military supplies.

The comments about “discipline” and a “Uniform and well digested plan” is a strong indication that the Father of the Country wasn’t talking about the kind of nightmare scenario that today’s NRA has brought to fruition.

Yet there are other quotes from figures of the Revolution that the NRA cult has packed into its arsenal.  For example, there’s this one from Thomas Jefferson:

The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.

That’s definitely a strong case, and Jefferson is definitely a well qualified person to make it, so… um, wait a minute. Turns out that one is bogus too.

Of course, there are many genuine quotations from the Founders and their compatriots that seem to support a citizen’s right to be armed. But it’s important not to take them out of context. And it’s especially important not to take them as an admonition to be armed against one’s own government.  There are at least two major obstacles to such a conclusion.

First, there’s Article 3 of the Constitution, which includes this:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.

In other words, taking up arms against your own government. That’s a very serious offense, traditionally punishable by death. So do you believe that the Founders spelled out what treason is, and then appended a provision to the Constitution that encourages citizens to commit it?

The second obstacle can be found in Article 2 of the U.S. Constitution:

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;

And in the Militia Acts of 1792:

That whenever the laws of the United States shall be opposed or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, [words requiring notification by an associate justice or district judge were omitted in 1795 revision. The revision gave the President more authority] the same being notified to the President of the United States, by an associate justice or the district judge, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of a state, where such combinations may happen, shall refuse, or be insufficient to suppress the same, it shall be lawful for the President, if the legislature of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary…

All of which adds up to the bottom line that the militia is ultimately answerable to the president.  Furthermore, if one state’s militia is unwilling or unable to do his bidding within the bounds of its state, the president is authorized to summon forth militias of other states to do the job. (And note that the mention of different militias for different states is a strong indication that a militia was meant to be more than just an armed populace.) Which means that in order for the gun culture fantasy of bringing down Uncle Sam to be realized, the president would have to mobilize the militia against himself. And while some really kooky happenings are happening at the White House these days, this is not likely to be one of them any time soon.

Still, it’s not inconceivable that the Founders did indeed intend for the militia to be available to combat tyranny. It’s just that, inevitably, it would be marshaled to support the federal government instead of to oppose it.  A classic example occurred in 1957 when Arkansas governor Orval Faubus refused to comply with federal directives to desegregate Little Rock Central High School. Faubus initially mobilized the Arkansas National Guard (i.e., the militia) to impose his own will and resist what many southerners considered the “tyranny” of forced desegregation. This sounds like the gun culture wet dream. No, actually, it would be more like armed civilians marching on Washington and overthrowing the president because of this “tyranny”.

But what happened then was that President Eisenhower stepped in and took control of the Guard, as presidents have the right to do. The tyranny of Faubus was suppressed, and segregation in Arkansas schools was ended. This is the kind of “security of a free state” the Founders had in mind. And it’s the way they intended militias to work. How do we know? Because they clearly said so.

(Next installment: we get to the heart of the matter, the gun culture’s favorite part of the Second Amendment.)

Advertisements

Second Amendment Follies, Part 2: “a Well-Regulated Militia”

Posted by

5

militia-drill2000

As we have seen, the purpose of the Second Amendment was actually to guarantee a “well-regulated militia”. But what exactly does that mean? Just what is/ was a militia, anyway? The gun culture, of course, has its own answer for that, whether it conforms to reality or not.  Let’s turn again to what is perhaps the definitive treasury of NRA talking points, the publication and website called GunFacts:

Today “militia” might be more meaningfully translated as “defense service”, associated with a “defense duty”, which attaches to individuals as much as to groups of them, organized or otherwise. When we are alone, we are all militias of one. In the broadest sense, militia is the exercise of civic virtue.

Wow. Militia of one. Fancy that tattooed on your knuckles as you pump off a few rounds of civic virtue. In less grandiose terms, what gunsters proclaim is that “militia” today means all of the citizenry, because that’s what it meant when the Second Amendment was etched in stone. But there are at least two major flaws with this claim.

First of all, it just isn’t true.  Gun fetishists likes to quote George Mason, Virginia delegate to the Constitutional Convention, thus:

I ask, sir, what is the militia? It is the whole people, except for a few public officials.

But this line uttered in debate is not a part of an official governing document. (Ironically, many individuals willing to brandish it as gospel are also quick to brush off Tom Jefferson’s comment about the wall of separation between church and state because it’s unofficial.) And given the tenor of the times, it’s likely that Mason didn’t quite exactly mean all of the people. Because the Second Militia Act of 1792 (passed only a few months after the Second Amendment was written) designated the composition of the militia as being:

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

So if the NRA crowd actually adhered to the original intent (or rather the original meaning, as they really seem to be professing to do), then today’s “militia” would consist only of white males between 18 and 45. And they would be outfitted only 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 maybe a slingshot or two.

Either Mason was being non-literal, or he was just plain wrong.

Of course, the original definition of militia has been tinkered with over the years since then. In 1862, a new Militia Act finally eliminated the restrictions of race; but there was still no remedy for the sexism and ageism of the original.

Then in 1903 another Militia Act, also known as the Dick Act, established the National Guard as the official “organized militia”, and demoted those who are eligible for Guard membership (i.e., able-bodied males within a certain age range) but not actual members as “unorganized militia” . In recent years, the gun culture has twisted the language and intent of this law into an assertion that “unorganized militia” means anyone who wants to tote hardware for any purpose.  The gun culture asserts that all civilians are a part of the “unofficial” militia and therefore covered by the Second Amendment; they must be wondering why the army never seems to need their services.

Sorry, but the Dick Act does not authorize you to be a — well, jerk. Being part of that “unofficial militia” doesn’t entail wearing a uniform or being privy to a secret handshake. And even if one could make a case that the Dick Act makes all of us “unofficial militia”, whatever rights it confers/ enshrines are legal (i.e., legislative) rights rather than constitutional rights. Its concept of militia is Twentieth Century rather than Eighteenth, and its provisions were not part of either the original Constitution or the Second Amendment; indeed, the Dick Act was passed when the Founders were all long deceased.

The other problem is that the obsession with the composition of the militia is to an extent a red herring. The most important thing about the militia was not its qualifications for membership, but its purpose for existing.  And that’s also clearly spelled out in the two Militia Acts of 1792:

That whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United States, to call forth such number of the militia of the state or states most convenient to the place of danger or scene of action, as he may judge necessary to repel such invasion… That whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, the same being notified to the President of the United States, by an associate justice or the district judge, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed.

In other words, the militia was designed to be an organized armed force supplied by the states to execute the laws of the nation. Nothing in the Militia Acts said anything about citizens being armed for deer hunting. Or for “defending” yourself against your government — more about that in a future installment. (And the militia was by no means universally revered among the Founders; George Washington spoke of it disapprovingly on more than one occasion.) The Dick Act actually makes this even more clear. With the establishment of the National Guard as the go-to unit of reserve manpower, the need for a militia in the traditional sense effectively became obsolete — which means that the Second Amendment also became obsolete.

The purpose of the militia is further emphasized by the expression “well-regulated”. And as you might expect, the gun culture also has its insistence that “that word does not mean what you think it means”. Thus from GunFacts:

The origin of the phrase “a well regulated militia” comes from a 1698 treatise “A Discourse of Government with Relation to Militias” by Andrew Fletcher, in which the term “well regulated” was equated with “well-behaved” or “disciplined”.

And the author goes on to cite several other illustrations of the word well-regulated from the Oxford English Dictionary:

1709: “If a liberal Education has formed in us well-regulated Appetites and worthy Inclinations.”

1714: “The practice of all well-regulated courts of justice in the world.”

1812: “The equation of time … is the adjustment of the difference of time as shown by a well-regulated clock and a true sun dial.”

1848: “A remissness for which I am sure every well-regulated person will blame the Mayor.”

1862: “It appeared to her well-regulated mind, like a clandestine proceeding.”

1894: “The newspaper, a never wanting adjunct to every well-regulated American embryo city.”

What the gun culture has done, in other words, is set up a false dichotomy. On the one hand, there is what they want “well-regulated” to mean: skilled in marksmanship. And on the other hand, there is what they want the “gun control” advocates to want it to mean: strict prohibitive legislation imposed by the government.  And, they suggest, if it means one then it can’t possibly mean the other.

In fact, as you can see from the above examples, even GunFacts acknowledges that well-regulated spans a range of meaning. But all of its possible definitions embrace the sense of disciplined, organized and efficient. And they all apply to a military unit, such as a militia. Incidentally, members of the militia in Revolutionary days were generally conscripted for service. And one of the major ironies of today’s gun fetishists is that they worship the Second Amendment as the embodiment of what they believe to be the ultimate freedom, when in fact it was intended to be a codification of civic obligation.

Indulge the gun zealots for a moment and imagine that “well-regulated” means only skilled in marksmanship. Imagine all the “militias of one” running around on their own initiative and dispensing “civic virtue” in each other’s direction at will. Do you really think this would be a well-regulated militia in the sense that the Second Amendment intended? Militia, like military, is derived from the Latin word for soldier. And a soldier never acts alone even when he is alone.  It is only when an organized body of soldiers, whether they be regular army or militia, is well-regulated in virtually every possible sense of the term, that it will effect the “security of a free state”.

Which is the troublesome phrase we’ll examine in the next installment.

 

 

Second Amendment Follies, Part 1: An Inconvenient Clause

Posted by

9

large_ea3686b5-da5e-4ff7-bffe-b8f61058e4c8

Let’s be clear: Americans have a right to own guns. But it’s not a constitutional right. And it’s not a “God-given” right. It’s a right conferred by the rulings of a “conservative” Supreme Court, in a grotesquely distorted reading of the Second Amendment.

But in the interests of accuracy and satisfying curiosity, let’s consider the Second Amendment in more detail. We’ve touched on this topic in a previous discussion, but it was hardly exhaustive. In fact, it was quite cursory, and was designed to show that the amendment is a semantic mess that, at the very least, casts serious doubts on the gun culture’s claims of a constitutional right to be armed. And as long as there is one scintilla of doubt, then you cannot say (as many do) that there is an absolute right enshrined in the Constitution to tote a hogleg.

The gun culture tries to dance around the actual meaning of the Second Amendment in several ways. First of all, it simply ignores the first part of the sentence, the inconvenient explanation for its existence:

A well-regulated militia, being necessary to the security of a free state…

And instead, gunsters just cut to the part they actually like…

…the right of the people to keep and bear arms, shall not be infringed.

You seriously will hear many of them simply quote that second half as representing the entire Second Amendment (as on that handy-dandy magnetic sign pictured above), perhaps followed by a haughty “what part of that don’t you understand?”

How about the part they omitted? The part which, as we mentioned before, could be construed as the actual subject of the sentence. The part which, whether one reads it as the subject or not, is placed at the beginning and is clearly crucial to understanding the Amendment’s meaning and purpose.

Even when they acknowledge this elephant in the living room, the gun fanatics try to diminish its importance. They often try to dismiss the opening as merely a “justification clause” while the second half is the actual “rights clause”; or alternatively, “prefatory clause”, and “operative clause”. Nice words, but they don’t change anything: the beginning clause still expresses the purpose and reason for the amendment being drafted in the first place: i.e., to ensure a “well-regulated militia”. The gun culture’s conclusion that “gun rights” were not meant to be limited to this purpose alone is based on clues extraneous to the amendment itself, and indeed extraneous to the Constitution. (Incidentally, in strict grammarian usage, the two phrases referred to are not really “clauses”; but since that’s the label they’re commonly given, we won’t be sticklers on this point for the time being.)

Suppose you opened up a cookbook and found a passage like this:

A well-made fruitcake being necessary for a traditional Christmas celebration, you should make certain to have a supply of citron on hand.

Would you conclude that this sentence was written to encourage everyone to stockpile citron, all year long? Or would you conclude that it was written to help ensure a well-made fruitcake?

Another tactic the gun culture (and right-wing extremists in general) often employ is playing the “original intent” card; if the Constitution doesn’t say what they want it to, they try to discern what the framers really meant. They do this in part by just playing psychic, though they try to buttress their claims by scratching through an endless supply of documents for “historical context”.

Now certainly historical context is, up to a point, useful and even vital. It’s important, for instance, to understand what words like “militia” and “arms” meant to the Framers who used them. But the “original intent” crowd often turn historical context into a bottomless pit by mining all manner of documents for clues that are really tangential to the point under consideration. I recently had someone try to argue with me, for instance, that the Civil War was really not about slavery because her great-grandfather fought for the Confederacy, and by god he had other motives, and if I would just read all the letters and other papers left by the other Southern peasants, I’d see that they had other reasons for fighting. No doubt. But they weren’t exactly the ones who made the decision to declare war, were they? The ones who did make the decision were quite unequivocal about their motive.

An excellent illustration of how the gun culture utilizes this tactic can be found in what is surely the ultimate compendium of gun culture propaganda: Gun Facts , which is intended to address every “myth” that has been, is being, or ever will be, perpetrated by the “gun control” advocates. It covers gun culture talking points of every possible breed, from mass shootings, to children and guns, to gun laws, to microstamping to concealed carry — and of course to the Second Amendment and court rulings as well. A sleek PDF of Gun Facts can be downloaded for free; and oh by the way while you’re at it, you also can purchase another book heavily marketed within its pages that betrays the real NRA agenda: drawing a bead on “liberals”.

Incidentally, there is a simple but quite reliable litmus test for gauging the probable reliability of any such source of gun “facts”; just check to see whether it places obeisant faith in the absurd “statistic” of 2.5 million defensive gun uses per annum. If it does, there’s an excellent chance it will be just as sloppy about the rest of its “facts”. Gun Facts does, and is. (It also fails another telling litmus test, parroting the claim that Nazi Germany “established gun control” in 1938.) Furthermore, in another section, GunFacts states that firearms are used to prevent 400,000 crimes per day — which would be a whopping 146 million annual DGUs! How can this publication expect to shoot down “gun control propaganda” when it goes gunning against itself?

The main tactic the author uses in the “original intent” argument is to cite passages from several state constitutions (written before and after the U.S. Constitution) that declare residents of those states have the right to be armed for individual purposes. This supposedly demonstrates that the Second Amendment was drawn up with the same intention. See if you can follow the logic here: (a) Several states had constitutions that enshrined an individual right to “bear arms”; (b) the framers of the U.S. Constitution were familiar with these provisions; (c) they did not insert such a stipulation into the U.S. Constitution; (d) therefore, they meant to insert such a stipulation into the U.S. Constitution.

The author also mentions that during the deliberations on the Second Amendment, one senator proposed inserting the words “for the common defense”, but this suggestion was voted down. Evidently, he concludes that rejecting that wording also means a rejection of the concept. (In fact, “for the common defense” is, for one thing, redundant when you already have “well-regulated militia”).  And note the logic here: the absence of a phrase about the common defense means the whole concept is null and void, whereas the absence of a phrase about individual defense means this is clearly what the founders had in mind.

Not content with having shot himself in both feet, the author then turns around and shoots himself in the ass as well by quoting the first draft of the Second Amendment:

The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country; but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.

Talk about an inconvenient clause. Why would there be a provision for conscientious objectors if the purpose of the amendment is to guarantee individuals the right to go deer hunting or gun down illegal immigrants invading their homes? Yes, this clause was eventually eliminated (after being retained in the second draft). And evidently, the Gun Facts author believes, in Orwellian fashion, erasing the text of it erases it from ever having existed at all. But if you’re talking about original intent, it’s hard to argue that the Framers had private gun ownership in mind when they talked about military service and religious objections. It’s very clear that they were really talking about a well-regulated militia, whatever that means.

And just what that means is something we’ll be looking at in the next installment.

 

 

The Myth Of Constitutional “Gun Rights”; A Second Look At The Second Amendment

Posted by

48

“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.”

That, of course, is the Second Amendment to the U.S. Constitution. And according to the gun culture, it’s the constitutional provision that confers on them the right (if not the duty) to stockpile all manner of artillery in their basements to protect themselves against curious ATF agents or deer with Uzis. It’s also the “amendment that makes all the others possible.” Seriously.

But there are many hitches to reading this little passage as a license for packing heat. And some of those hitches are to be found right there in the text of the amendment itself. While untangling the thread of the framers’ intent might require expertise in history and/or law, deciphering what they actually said requires only a fundamental knowledge of the mother tongue.

Let’s begin with the most trivial objection and work our way up the ladder.

Where’s the Hardware?

First of all, where do you see the word gun in this statement, or anywhere else in the Constitution? Or where do you see the more euphemistic “firearms”? All I see is “arms”, which could refer to stone knives, boomerangs, or water balloons. Okay, so that’s a stretch. It’s reasonable to assume that the framers intended “arms” to apply to the weaponry they were accustomed to. So maybe you really are authorized to keep a muzzle-loaded musket in your closet. But it doesn’t explicitly say so. And while that in itself might sound frivolous, it might have more weight in context with what follows.

To Have and to Hold

But where do you see anything about ownership of such pieces? All I see is the phrase “keep and bear”. Soldiers routinely “keep and bear” all manner of nifty toys without privately owning them. In Revolutionary times, of course, things were very different; it was expected that citizens would supply their own battle implements to aid the common defense, so “keep and bear” bore the implication of possession. But possession itself is not specifically and literally addressed.

The Long Four-Letter Word

Even if we acknowledge a right to own guns, that’s a matter independent from governmental authority to regulate gun ownership; by no means does one exclude the other. But to hear the gun lobby tell it, any attempt at government regulation (“gun control” in the official media spin), no matter how reasonable, is a commie maneuver to “take away” their precious phallic substitutes – even though the Constitution unequivocally states that arms not only can be regulated but well regulated. If someone proposed a law against firing a bazooka in a crowded mall, these folks would probably howl to the heavens.

This reaction, perhaps, says a great deal about the real motives of the NRA and its comrades – not to defend “freedom first”, but to defend profit first. They like to gauge (double meaning intended) freedom by the number of guns floating around, though for my part I feel a hell of a lot freer strolling through Tokyo than I do strolling through Little Rock. (I also feel freer in resisting the incendiary rhetoric trying to manipulate me into purchasing a dozen semiautomatic rifles when it only takes one to handle that jerk who cut me off in traffic fifty miles back.) Do they want to seize the Constitution and use it for their own lucrative ends? From these cold, dead hands, bub.

You often will hear them claim that restricting Second Amendment “rights” is as bad as restricting First Amendment rights – i.e., free speech. Actually, free speech is restricted; there are laws, for instance, against slander, libel, perjury and fraudulent advertising. But the analogy doesn’t hold up under fire.

Speech is devised for communication, for building relationships, for enshrining ideas, for artistic expression, for many things that exalt the human condition. Guns are devised to kill people. It’s not comparing apples to oranges. It’s comparing apples to pogo sticks.

For a more appropriate analogy, suppose the amendment instead said: “Well regulated transportation being necessary for efficient living in the modern world, the right of the people to operate vehicles shall not be infringed.” Would anyone maintain that it empowered anyone and everyone to drive a car unrestricted without licensing or examination, regardless of health or prior record?

Militias Intent

And why did the framers consider it so important for citizens to be up in arms? Because they might be called upon to participate in the militia, a civilian defense body that has been supplanted by today’s National Guard. Militias are no longer functional – and no, they do not include those characters in Michigan or Montana drilling in fatigues in preparation for Armageddon. They’re not regulated at all. (One might argue that they’re not exactly functional, either.) In other words, the whole concept of a militia is obsolete, and it has dragged the Second Amendment down along with it. Lest you think it’s implausible for an amendment included in the Bill Of Rights to slip into obsolescence without being repealed by another amendment, I suggest you keep your copy of the Constitution open to the same page and continue reading through the Third Amendment. When was the last time you heard of that one applying to anything in real life?

Subject to Review

But let’s cut to the chase, shall we? I lied. The passage quoted above is actually not the Second Amendment; at least it’s not the original version passed by Congress in 1791. It is, rather, a subtly altered version that states later ratified, much to the delight of the gun lobby, which almost always quotes the tweaked edition. Here’s the way the Amendment read as passed by Congress:

“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.”

Notice the difference? The NRA is really hoping you won’t. But if you look closely, you’ll spot something that was missing from the other version. Actually, two somethings: little spermatazoid markings after “Militia” and “Arms”. They’re called commas, and they can drastically alter the meaning of a sentence. (Which sounds more appealing: ” a million dollars, and beads” or “a million, dollars and beads “?)

Under the standard rules of punctuation for the English language, these commas make “A well regulated Militia” the subject of the sentence – i.e., the thing that “shall not be infringed”. The other two phrases bracketed by commas just amplify that subject.

But guess what? Contrary to what the NRA seems to believe, removing the commas in this instance doesn’t materially alter the gist of the thought. It does make “the right of the people to keep and bear Arms” the subject, but it’s a heavily qualified subject; it’s still hard to ignore (though many try) the stated purpose of that right – “a well regulated Militia” – especially since it begins the sentence. They changed the syntax, but they didn’t substantially change the sense. “A well regulated Militia” is the heart of this Amendment whether it’s the thing that shall not be infringed, or whether it clarifies and defines the thing that shall not be infringed.

It would have been easy to add some succinct wording about using weapons to hunt for food or trespassers if that had been the purpose. For that matter, why spell out any specific usage at all, such as “a well regulated Militia”? Merely saying “the right of the people to keep and bear arms” would have covered all the bases, had that been the focus.

Moreover, earlier drafts of the Amendment contained the provision that “no person religiously scrupulous shall be compelled to bear arms”. That’s a very curious addendum indeed if Thomas Jefferson’s vision was aligned with Charlton Heston’s.


And Now the Kicker

In short, there is nothing in the text of the Second Amendment to indicate that it has anything to do with stalking either Bambi or rival gang members. In contemporary application, it simply means that states have the right to maintain armed National Guard units.

But having said all of this, we must add that none of it really matters anymore. Not since a 2008 Supreme Court ruling determined by five “conservative” justices. (You know the type: they scorn “judicial activism” or “social engineering”. Unless it advances their ideology and/ or lines their pockets.) They simply decreed that henceforth, the Second Amendment would say what they wanted it to, whether it really does or not.

Lovely how that works, isn’t it?

AFTERWORD (Jan.21, 2012): The most perceptive criticism I’ve heard of the above post has been to the effect that formal writing of the Revolutionary era was not as standardized in its punctuation as it is today, and it was not unheard of for a comma to stray between a subject and its predicate. True enough. But the fact that this passage was revised before ratification indicates that the framers were cognizant of the different nuances. It also suggests that it was the states that wanted to emphasize the “right to keep and bear arms” rather than Congress.

At any rate, as I stated above, it doesn’t really matter, because in both versions the intent is the same – the two phrases are interdependent. Just try switching them: “The right of the people to keep and bear arms being necessary to the security of a free state, a well-regulated militia shall not be infringed.” Would anyone argue that this establishes the right of a militia to do anything it pleases- to pillage, rape, and demolish at will? Don’t think so. A militia in such a passage would be defined in terms of keeping and bearing arms for the purpose of the security of a free state. Likewise, in the version of the Second Amendment we have, the right to keep and bear arms is defined in conjunction with a well-regulated militia for the purpose of the security of a free state. Nothing more.