Originally Posted by omahanew
Why is it that when someone brings up the "well regulated militia" part of the 2nd someone else starts waffling on about the Federalist papers? If you read the actual amendment it seems clear that the right to bear arms is contingent on there being a well regulated militia which would mean some sort of armed force organized and regulated by the government (representatives of the people after all). Do you distrust your fellow voters that much?
If you read the other writings of the crafters of the constitution, their intent would not be in question.
For example:
"No Free man shall ever be debarred the use of arms." (Thomas Jefferson, Proposal Virginia Constitution, 1 T. Jefferson Papers, 334,[C.J.Boyd, Ed., 1950])
"Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms." (James Madison, The Federalist Papers #46 at 243-244)
"Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States" (Noah Webster in 'An Examination into the Leading Principles of the Federal Constitution', 1787, a pamphlet aimed at swaying Pennsylvania toward ratification, in Paul Ford, ed., Pamphlets on the Constitution of the United States, at 56(New York, 1888))
"Besides the advantage of being armed, which the Americans possess over the people of almost every other nation. . . Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms." (James Madison, author of the Bill of Rights, in Federalist Paper No. 46.)
"I ask, sir, what is the militia? It is the whole people, except for few public officials." (George Mason, 3 Elliot, Debates at 425-426)
"The Constitution shall never be construed....to prevent the people of the United States who are peaceable citizens from keeping their own arms" (Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87)
"The people are not to be disarmed of their weapons. They are left in full possession of them." (Zachariah Johnson, 3 Elliot, Debates at 646)
"That the said Constitution shall never be construed to authorize Congress to infringe the just liberty of the press or the rights of conscience; or to prevent the people of The United States who are peaceable citizens from keeping their own arms..." (Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, at 86-87 (Peirce & Hale, eds., Boston, 1850))
I have NO QUESTION as to the intent of our country's founders and the framers of our Constitution.
Any other representation of their intent is intellectually dishonest, morally represhensible, and socially irresponsible.
-- John