willhud9 wrote:We don’t need to create an amendment. We need the courts to cite that the 2nd is exclusively for a militia and is talking about a well regulated entity, not the rabble. Back in the day when states drew their militia from local communities and the population was sparse.
Unbeknownst to the drafters of the 2nd amendment the concept of a large standing army the size and scope of the current US military would have boggled their minds. It is an antiquated part of the constitution...but so is the 3/5th compromise.
It is rather ironic that the people who claim to be constitutionalits tend to be the most creative in trying to force their ideology into the intentions of the Founding Fathers.
I find it a bit amusing when people toss around phrases like "the founding fathers" and their intentions as if they were all wise and caring and all agreed on what was the best way to go about making a government almost from scratch.
A new government free to change the rules as it saw fit was a scary proposal to some, but a wet dream to others. The constitution of the United States of America is a severely flawed document. It restricted the vote and hence government to a selected few, allowed for slavery, established the apparatus for gerrymandering... We could throw out everything other than the preamble to the Declaration of Independence and the Bill of Rights and have a just and fair government regardless of the details of that governance.
The Bill of Rights is a list of ten things that the federal government absolutely can't do and the preamble is why.
"
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."
#1 The federal government can't tell you what to believe or say, where you can say it, who you can say it to, or how many.
#2 The federal government can't restrict gun ownership.
#3 The federal government can't make you house and or feed federal soldiers.
#4 The federal government can't go fishing for evidence of wrongdoing.
#5, 6, and 7 The federal government can't punish anyone before jumping through a shit load of hoops.
#8 The federal government can't torture anyone.
#9 The federal government can't claim you don't have a right just because it isn't in the constitution.
#10 The federal government can't make up new powers not included in the constitution.
Ever wonder why the 2nd amendment is the only one of the Bill of Rights that begins with a qualifier? I have. It's been treated as nearly meaningless from the beginning so why even have it at the beginning of the sentence? It's because, while he wanted a centralized government of a federation of states, James Madison also wanted not only the right for a state to throw off bonds of tyranny he wanted them to have the means. The means for a state to fight off it's own federal government generally and specifically a federal army.
Madison calculated that the largest standing army the federal government could support would be 30,000 widely dispersed soldiers with muskets and cannons. He then calculated that between the states there would be at least 500,000 able bodied men keeping similar arms living in communities keeping cannons.
If we followed the logic and intent of one of the most influential of "the founding fathers" full auto assault rifles would be legal. As would rocket propelled grenades, tanks, and fighter bombers. Madison would want the general population to be at least 15 times better armed than the military, and that includes the national guard.
There is nothing so absurd that some philosopher will not say it - Cicero.
Traditionally these are questions for philosophy, but philosophy is dead - Stephen Hawking