Gun Control & RKBA
In reply to the discussion: The Second Amendment Is a Gun-Control Amendment [View all]jimmy the one
(2,770 posts)dscntnt: THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its (the federal government's) powers, that further declaratory and restrictive (of the government) clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution."
See that little 3 letter word 'and' between declaratory & restrictive? why do you fail to provide any reason for what 'declaratory' means? is the word declaratory invisible to you & beevul?
In my below argument the secured 'right' to individuals in the 2nd amendment case, was the right to keep & bear arms in, and participate in, a well regulated militia. There was no recognized individual rkba in 1791, there was only a 'shared' recognition by a few states with the well reg'd militia taking precedence.
William Rawle clearly differentiates between 'restrictions on the powers of congress' and a 'bill of rights' as being security to the rights of individuals.
Wm Rawle, 1829, A view of the constitution, all caps in link, not my emphasis: CHAPTER X. OF THE RESTRICTIONS ON THE POWERS OF CONGRESS AND ON THE EXECUTIVE AND JUDICIAL AUTHORITIES RESTRICTIONS ON THE POWERS OF STATES AND SECURITY TO THE RIGHTS OF INDIVIDUALS
Of the amendments already adopted, the eight first in order fall within the class of restrictions on the legislative power, some of which would have been implied, some are original, and all are highly valuable. Some are also to be considered as restrictions on the judicial power.
The constitutions of some of the states contain bills of rights; others do not. A declaration of rights, therefore, properly finds a place in the general Constitution, where it equalizes all and binds all. http://www.constitution.org/wr/rawle_10.htm
encyclopedia britannica: Bill of Rights, in the United States, the first 10 amendments to the U.S. Constitution, which were adopted as a single unit on Dec 15, 1791, and which constitute a collection of mutually reinforcing guarantees of individual rights and of limitations on federal and state governments. http://www.britannica.com/EBchecked/topic/503541/Bill-of-Rights
wiki: The Bill of Rights is the collective name for the first ten amendments to the Constitution. Proposed to assuage the fears of Anti-Federalists who had opposed Constitutional ratification, these amendments guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and reserve some powers to the states and the public.
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