Founding Father's Intention & Purpose of the *Right to Bear Arms

[The_Shootist]

Not To Be Confused

....with me!

 

[Roswell 1847]

From Websters

Main Entry: 1peo·ple
Pronunciation: \ˈpē-pəl\
Function: noun
Inflected Form(s): plural people
Etymology: Middle English peple, from Anglo-French pople, peple, peuple, from Latin populus
Date: 13th century
1plural : human beings making up a group or assembly or linked by a common interest
2plural : human beings, persons —often used in compounds instead of persons<salespeople> —often used attributively <people skills>
3plural : the members of a family or kinship
4plural : the mass of a community as distinguished from a special class <disputes between the people and the nobles> —often used by Communists to distinguish Communists from other people
5plural peoples : a body of persons that are united by a common culture, tradition, or sense of kinship, that typically have common language, institutions, and beliefs, and that often constitute a politically organized group
6: lower animals usually of a specified kind or situation
7: the body of enfranchised citizens of a state
— peo·ple·less \-pə(l)-ləs\ adjective

The operative words are "Beings", "Persons", "members". Each of these words denotes a number of Individuals.
The Framers of the Constitution use the term People in leu of "each and every individual".

Now heres how the Communists use the term.

4plural : the mass of a community as distinguished from a special class <disputes between the people and the nobles> —often used by Communists to distinguish Communists from other people

As a mass entity without individuality.

 

[RPCVYemen]

Now as for the Prosecutor's statement, they will as often say that "the State Demands". The Prosecutor is an employee of the state, whether appointed or elected as a district attorney. They use whichever term they wish for effect.

In the quote I provided from a transcript, "The People" cleary did not meant the each and every individual in the legal jurisdiction. It clearly means the prosecutor and his staff - presumably acting as the agents of the citizens, in the employ of the legal jurisdiction of the citizens, etc.

Whatever the reason, in the quote I provided, the phrase "The People" clearly identifies the prosecutor. Do you agree?

MR. SCHWARZ: With respect to People's Exhibit Number 11, your Honor, it would be Exhibits 10 dash 26 for the purposes of the trial of May 7, 1998. And the relevant -- the relevant testimony, your Honor, the People would direct the Court to page 386, line 11, through 387, line 3.

In the quotation above, if the phrase "The People" does not refer to the prosecutor, to whom does it refer?

I would agree with you that the prosecutor is also called "The State" in some jurisdictions - which means the same thing that "the People" does in the quotes I supplied - the prosecutor.

But to keep it short, do you agree that "The People" in the quote that I supplied means the prosecutor?

Mike

 

[Roswell 1847]

Whatever the reason, in the quote I provided, the phrase "The People" clearly identifies the prosecutor. Do you agree?

Of course not and if you read your own words you'll see why.

Read it over again

In the quote I provided from a transcript, "The People" cleary did not meant the each and every individual in the legal jurisdiction. It clearly means the prosecutor and his staff - presumably acting as the agents of the citizens, in the employ of the legal jurisdiction of the citizens, etc.

"presumably acting as the agents of"
If I am acting as the agent of someone else then I present their wishs not my own. The Prosecutor and his staff are trained to present the case ,they aren't personally parties to the action other than in the fact that they also are individual persons who are citizens or residents of the jurisdiction in question and would be as affected by the outcome as any other individual citizen.
The Prosecutor's actions and his request that attention be Directed are in the service of "The People" as an employee of the state and as a public servant.
Thats why they call an attorney a "Mouthpiece".
Remember, in a Democracy the People are Individuals, under Communism "The People" is an entity without individuality.

Perhaps time spent in a People's Republic which is also an Islamic Republic has obscured your view of this simple concept.

PS
"The Prosecution Rests" and/or "The People rest their case", not "the Prosecutor rests". The office of the Prosecutor is impersonal. His individuality is as a citizen.
"The Defense Rests" not the "Defense Attorney Rests", the Defense attorney is also an Impersonal
position, He is not the one going to jail if he fails.
The Prosecutor is going to get paid whether he obtains a conviction or not.
Neither is a "Party", they represent the parties.

 

[RPCVYemen]

The Prosecutor's actions and his request that attention be Directed are in the service of "The People"...

So after all the wacky definition games, we get to the core.

The prosecutor is referred to as "The People" because his actions are are in the service of the the people. I - as an individual - cannot walk into the court and direct anyone to do anything. In fact there are many things that a prosecutor has the authority to due that I as an individual do not have a authority to do. When he (or his office) is doing those things, he is called "The People".

So there is no reason that the Militia could not be referred to as "The People" because their action are the service of the people. There may be things that the militia has a authority to do that I do not have the authority to do.

I think that's a wrong reading of the second amendment - but I don't think it's an impossible reading of the 2nd Amendment. It seems entirely possible to me that the ratifiers of the 2nd Amendment could have meant that when they are acting as members of the State Militia, "The People" had the right to keep and bear arms. The Federal government was not permitted to disarm the State Militia.

I am done.

Mike

 

[Roswell 1847]

In law
Further information: Popular sovereignty
In criminal law, in certain jurisdictions, criminal prosecutions are brought in the name of the People. Several U.S. states, including California, Illinois, and New York, use this style.[1] Citations outside the jurisdictions in question usually substitute the name of the state for the words "the People" in the case captions.[2] Four states — Massachusetts, Virginia, Pennsylvania, and Kentucky — refer to themselves as the Commonwealth in case captions and legal process.[3] Other states, such as Indiana, typically refer to themselves as the State in case captions and legal process. The political theory underlying this format is that criminal prosecutions are brought in the name of the sovereign; thus, in these U.S. states, the "people" are judged to be the sovereign, even as in the United Kingdom and other dependencies of the British Crown, criminal prosecutions are typically brought in the name of the King or the Queen. "The people" identifies the entire body of the citizens of a jurisdiction invested with political power or gathered for political purposes.[4]
http://www.google.com/url?sa=X&star...Legal)&usg=AFQjCNEDLXi-XmHRnsZ1jwSUUP9JC6cjfw

The use of the term "the People" in law is not universal, some states use it many do not. Therefore its use by any particular prosecutor is irrelevent as a matter of Constitutional Law and the Bill of Rights.

The People are the ultimate source of power in the United States.
The People are ultimately the source of power of a legally constituted Militia.
The People are in effect the Militia, rather than the otherway around..