ON THE CUTTING EDGE: No Second-Guessing The Second Amendment


In 
an excellent series reprinted in the Milwaukee Journal-Sentinel explaining the Bill of Rights, Tom Moncure, a former assistant counsel to the National Rifle Association, argues that the Founding Fathers said what they meant – and meant what they said – in the Second Amendment to the Constitution: A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.”

Gun control advocates point to the militia clause of the Second Amendment, arguing that it warrants a collective, rather than an individual, right to keep and bear arms.

However, history - buttressed by the founders' clear understanding - dictates that the amendment guarantees this right to individuals. …

When adopted by the states, the Second Amendment generated no controversy. State and federal militia laws required citizens to keep arms and ammunition in their homes.

The greater concern, as articulated by the great orator ersonName>Patrick HenryersonName>, was how to provide guns to those who could not afford them.

The bearing of arms was both a right and responsibility of citizenship, with arms being legally denied to those who were not citizens.

The very idea that citizens might be barred from militia membership was itself an indication of tyranny.

Other commentaries in the series include free-speech advocate Nat Hentoff, on the First Amendment; Virginia Attorney General Robert F. McDonnell on the Ninth Amendment; and University of Mary Washington history professor Claudine L. Ferrell on the Tenth Amendment.

 

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  • February 6, 2007 The Stiletto wrote:
    Several states permit judges to pack heat in court for their own protection. These states include Florida, Nevada, New York, Oklahoma, and Texas. On Jan. 1, Kansas is set to permit judges to carry concealed firearms in the courtroom. State senator and practicing attorney Phillip Journey, who wrote the bill, tells The National Law Journal, "Guns are like lawyers: Better to have one and not need it than need one and not have it." No doubt citizens in those states feel the same way, and judges in most of them do not enjoy Second Amendment rights that state ...
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