3 ms·
It is simply a fact that the Second Amendment was meant to preserve the people's right to overthrow the government (or, at least, to defend themselves against t
by leftyted 7y ago
It is simply a fact that the Second Amendment was meant to preserve the people's right to overthrow the government (or, at least, to defend themselves against the government). Madison famously wrote that state militias would keep a federal army in check.
It's a persistent myth that this is not the case. The US was born in revolution and the founders were very concerned about the possibility of a tyrannical government.
- AnimalMuppet 7y agoEven if it wasn't explicitly stated, the Second Amendment was written by people who had just used militias as a big part of their force to overthrow the government. They weren't senile. They hadn't forgotten. They knew what they were saying.
- camgunz 7y ago> It is simply a fact that the Second Amendment was meant to preserve the people's right to overthrow the government (or, at least, to defend themselves against the government). Nah, this is totally wrong. The Constitution explicitly gives Congress power over state militias to suppress insurrections: "The Congress shall have Power To... provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions" [1] Further, the Militia Act of 1792 allows the president to take control of State militias, and this was famously used by George Washington himself to quell the Whiskey Rebellion. > Madison famously wrote that state militias would keep a federal army in check. He did, yes, but he was talking about States vs. the Federal government. He also later saw how bad militias were at being an army (a point Washington argued over and over again) in the War of 1812 and changed his position in favor of a strong, standing, Federal army. And FWIW, we put the question of States keeping the Federal government in check to bed in the Civil War. [1]: https://www.archives.gov/founding-docs/constitution-transcript#toc-section-8- https://www.archives.gov/founding-docs/constitution-transcri...
- leftyted 7y agoThe right to bear arms arrived to the United States via English common law. It existed in English common law for the purpose of self-defense, resistance against oppression, and to assist the defense of the realm. Whether or not Madison (or Washington or whoever) changed his mind at some point does not change the fact that this is the purpose of the Second Amendment. No other laws (like the ones you cited) change this fact, nor does the Civil War. You can argue that this interpretation is obsolete, but it's the interpretation that was predominant when the Constitution was ratified. Denying that is ahistorical.
- camgunz 7y agoI'm sure many people interpreted it that way, but they're also wrong, and they evidently didn't write either the Constitution or the Militia Act, or 2A. And I guess when I refer to intent, I mean those authors. Militias were explicitly under the control of both Congress and the president, by law and the Constitution. And militias were used to quell rebellion, not to serve it. These are facts. I understand they're counter to your and others' interpretations, but that doesn't make them any less factual. And when you consider: - 2A only applied to militias - Any "security from tyranny" was States being free from Federal tyranny - the Civil War erased any doubt about the States rebelling against the Federal government - The last Militia Act in 1909 made militias into the _National_ Guard then you have to concede 2A is just a relic from a time when the US had neither the resources nor the political will to create and maintain a standing army.