You should meet barret. I mean... Yeah, that's what I meant.What is a fudd?
FUDD fear uncertainty doubt and discouragement.What is a fudd?
What is a fudd?
I think this is the best part of your response, not that I'm criticizing the rest. Paraphrasing Spooner, It has either created the unhealthy circumstance we currently have, or has been powerless to stop it. Either way, it is unfit for future utility.I believe that the second amendment is an awkwardly worded, ambiguous statement that seems to be a "Rorschach test" that is interpreted in light of what your pre-existing opinions on Militia's, Keeping and Bearing Arms and un(in)alienable rights are...
I think that the OP's question of what does it mean to you is the right one, since I'm pretty sure no one that is alive knows what the heck it was supposed to mean! Great post!
Or you can just read the Federalist Papers and the Anti-federalist Papers to see the exact arguments for, against, and the exact thought process behind everything in the Constitution.
It is not a vague or ambiguous document.
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Work in Royce's Hologram of Liberty, while you're at it. I don't think you're ignorant. (My mind is subject to change on that last part, hahaha)Interesting, I will look into them. Like I said, I'm pretty ignorant.
Color me jaded though if I don't completely trust 200+ year old documents that the authors apparently didn't actually put their name to. Were they all written under pseudonyms?
@vp9c - Your post is scary to me. It is very clear what it says and what it means. The part about the militia is not a prerequisite only one (of several) explanations of the necessity of the explicit right of "the people". It isn't a right of the militia, it's a right of the people. Grammar says that the final clause is independent, logic says that, and the people that write it said so repeatedly.
There is no doubt what it meant when it was written. The debate now is only about how free the courts should be to reinterpret things however they like - "the living document" theory. Which is hogwash. There is a process for amending what the constitution says - if you want to change it, follow the process. Period.
What it means to me? "The one(s) that want to take my guns are the reason I need them."
I don't think you're ignorant.
To be honest, the 2nd Amendment is a redundant statement to Natural Law and Freedom.
This seems to go back to the ninth amendment more than the second!
I think that my my personal interpretation is they are independent clauses (at least that's what I think I said in my post) which is why I agree with the Scalia opinion. I was just pointing out that it is interesting that we aren't all in a tizzy because our militia isn't well regulated. If we are so fearful of a tyrannical federal government, why only focus on the second clause?
I'm not sure that I agree that the amendment as it is written is very clear in what it says and what it means. It could have been much more clearly stated with the use of a period instead of a comma (I think that is not really debatable). I am thrilled that the state of NC "lets" me carry a concealed firearm to protect myself and family, but I'm not sure how or if that is covered in the intention of the second amendment. I honestly don't carry every day because I think I will be attacked by a tyrannical government.
Like I said, I am not a historian. To my knowledge the constitution hasn't really been handed down with a "interpretation manual" of "what they meant", so I'm trying to read/interpret it at face value mostly with the other stuff that is actually written in the constitution. So my take on it is that at face value it is not perfectly clear to what it means. This is clearly one of the "flaws" that we are american citizens simply by birthright and don't have any clear indoctrination/education that is consistent.
Like I said, I will try to read on the federalist/anti-federalist papers (hopefully this will bring some clarity/background)...One of my main issues in life is that I am a skeptic by nature. I am not going to believe something just because someone told me that's what it means. I want to dig deeper into the sources. Unfortunately like I said earlier, I will probably be skeptical of some 200+ year old documents that were written under pseudonyms...If anyone can post/quote specifics from these docs to help clarify/educate me that would be cool too.
Don't mean to scare anyone, I am very open to being educated but I'm not a blind believer in things either.
Grammatically it was written in a manner commonly used in 18th century legalese. The first statement about a well regulated militia is an explanatory clause used to strengthen the meaning of the second, operative clause. While it seems grammatically odd today, back then it was standard writing style. It is important to analyze historical documents using the language and grammar common to the time period they were written.I'm not sure that I agree that the amendment as it is written is very clear in what it says and what it means. It could have been much more clearly stated with the use of a period instead of a comma (I think that is not really debatable). I am thrilled that the state of NC "lets" me carry a concealed firearm to protect myself and family, but I'm not sure how or if that is covered in the intention of the second amendment. I honestly don't carry every day because I think I will be attacked by a tyrannical government.
Soooo many people don't want to do this, when it makes their argument fall apart...it shines a bright cold light on their speciousness.Grammatically it was written in a manner commonly used in 18th century legalese. The first statement about a well regulated militia is an explanatory clause used to strengthen the meaning of the second, operative clause. While it seems grammatically odd today, back then it was standard writing style. It is important to analyze historical documents using the language and grammar common to the time period they were written.
Long post...too much time on my hands. I've been home sick from work and this led me to research more...
I am not constitutional scholar or historian. In fact I am fairly ignorant since I have just started really reading this stuff (since civics class when I really didn't care). I have owned firearms for most of my adult life (20+ years), but had not really thought about what the second amendment means until maybe the past few years at which time I became more of a firearms enthusiast. Rather than just going with what my gut thinks it should mean, I tried to do some reading/research.
"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 be infringed."
27 words...
My conclusion on what it "means"
I believe that the second amendment is an awkwardly worded, ambiguous statement that seems to be a "Rorschach test" that is interpreted in light of what your pre-existing opinions on Militia's, Keeping and Bearing Arms and un(in)alienable rights are...
Scalia's Opinion on Heller
Steven's Dissent on Heller
Breyer's Dissent on Heller
I tend to agree with Scalia's opinion because that is the one I like, BUT does that make it the "right" one? We won't know for sure until we have time travel...even then it would be interesting to get the framers opinions before they know where we are now...or where we are at the time time-travel is perfected.
It is interesting that the work Militia occurs in the constitution 6 times that I can find, 4 in the original and twice in amendments.
From article I, Section 8:
"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repeal Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress"
From article II, section 2
"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;"
From the amendments
Second Amendment
"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 be infringed."
Fifth Amendment
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;"
I think that as a country we seem to have failed to maintain a well regulated militia. Does anyone truly believe that the state of NC has a well regulated militia? SC seems to be closer than we are with an active South Carolina State Guard.
If we did have a well regulated Militia would you serve? and yes I said serve because it seems the Militia would be regulated by congress, the state and ultimately the president...not exactly worded to support individuals or non-government collectives to rise up against the current .gov
Even though we have failed to maintain a well regulated militia, this does not mean that the right of "the people" to keep and bear arms should be infringed.
The problem we have is that it is not specifically enumerated that the second amendment protects my right to bear arms for self-defense (I'm not even going to touch recreational uses). It really seems like your interpretation of Amendment IX is critical! If you think that the second amendment is hard to interpret, the ninth is a dooozie!
Amendment IX
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
This thing can seem to mean whatever you want it to.
From the Declaration of Independence
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.
Jefferson wrote these words, the Virginia Declaration of Rights stated:
That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
The right to self-defense seems like an inalienable right that most people recognize/accept. In today's world firearms seem to be one of the means to achieve this goal.
So after all of this, I'm still not sure what the second amendment REALLY MEANS...BUT it is scary that 9 judges (who I presume are not idiots-even the one's that I don't agree with) on the supreme court can have such wildly varying interpretations...
I think that the OP's question of what does it mean to you is the right one, since I'm pretty sure no one that is alive knows what the heck it was supposed to mean! Great post!
"The Nazis were not stupid. In fact, they were very logical. They knew that in order to accomplish what
they intended, we had to pose no threat. We had to be stripped of the ability to defend ourselves. Do you
not remember the law passed five years ago prohibiting us from having guns without government
permission?"
The history teacher nodded. "The Americans wrote that very issue into their list of fundamental citizens'
rights, a part of their Constitution, so that such tragedy could never again occur in their country." He
paused, a sudden realization coming to him. "Does it not seem odd to you that the Nazi leader has avoided
any effort to send his troops to invade tiny, rich Switzerland? That instead he should concentrate on a larger
country far more distant, and requiring a crossing of the English Channel?"
Grammatically it was written in a manner commonly used in 18th century legalese. The first statement about a well regulated militia is an explanatory clause used to strengthen the meaning of the second, operative clause. While it seems grammatically odd today, back then it was standard writing style. It is important to analyze historical documents using the language and grammar common to the time period they were written.
LOL
I don't get around to reading enough modern literature. I am way behind on my historical documents! there's no way for the average person to understand the flavor and context of the style. you either just Believe it's true because somebody told you or you have to dig in and actually experience reading it. hoping that the transcribed information is actually accurate.
thanks for trying to help me understand! I'll get there.