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Pedigree of the Second Amendment

Posted on 01/12/2013 8:09:23 AM PST by Jacquerie

Here are the State submitted gun rights/militia/standing army related amendments, declarations of rights, to the Constitution.

North Carolina – Declaration of Rights. That the people have a right to keep and bear arms; that a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that, in all cases, the military should be under strict subordination to, and governed by, the civil power.

That no soldier, in time of peace, ought to be quartered in any house without the consent of the owner, and in time of war, in such manner only as the laws may direct.

That any person religiously scrupulous of bearing arms ought to be exempted, upon payment of an equivalent to employ another to bear arms in his stead.

Amendments – That no standing army or regular troops shall be raised or kept up in time of peace, without the consent of two thirds of the members present in both houses.

New Hampshire – That no standing army shall be kept up in time of peace, unless with the consent of three fourths of the members of each branch of Congress; nor shall soldiers, in time of peace, be quartered upon private houses, without the consent of the owners.

New York – That the people have a right to keep and bear arms; that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defense of a free state. That the militia should not be subject to martial law, except in time of war, rebellion, insurrection.

That the militia of any state shall not be compelled to serve without the limits of the state, for a longer term than six weeks, without the consent of the legislature thereof.

Pennsylvania – That no standing army of regular troops shall be raised or kept up in time of peace, without the consent of two thirds of both houses in Congress.

That each state respectively, shall have power to provide for organizing, arming and disciplining the militia thereof, whensoever Congress shall omit or neglect to provide for the same. That the militia shall not be subject to martial law, but when in actual service, in the time of war, invasion, or rebellion; and when not in the actual service of the United States, shall be subject to such fines, penalties, and punishment, only, as shall be directed or inflicted by the laws of its own state: nor shall the militia of any state be continued in actual service longer than two months, under any call of Congress, without the consent of the legislature of such state, or, in the recess, the executive authority thereof.

Rhode Island – That the people have a right to keep and bear arms; that a well-regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defense of a free state; that the militia shall not be subject to martial law, except in time of war rebellion, or insurrection; that standing armies, in time of peace, are dangerous to liberty, and ought not to be kept up, except in cases of necessity; and that at all times, the military should be under strict subordination to the civil power; that, in time of peace, no soldier ought to be quartered in any house without the consent of the owner, and time of war, only by the civil magistrates, in such manner as the law directs.

That no person shall be compelled to do military duty otherwise than by voluntary enlistment, except in cases of general invasion; anything in the second paragraph of the sixth article of the Constitution, or any law made under the Constitution, to the contrary notwithstanding.

Virginia – Declaration of Rights. That the people have a right to keep and bear arms; that a well-regulated militia, composed of the body of the people trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that, in all cases, the military should be under strict subordination to, and governed by, the civil power.

That no soldier in time of peace ought to be quartered in any house without the consent of the owner, and in time of war in such manner only as the law directs.

That any person religiously scrupulous of bearing arms ought to be exempted, upon payment of an equivalent to employ another to bear arms in his stead.

Amendments – That no standing army, or regular troops, shall be raised, or kept up, in time of peace, without the consent of two thirds of the members present, in both houses.

That no soldier shall be enlisted for any longer term than four years, except in time of war, and then for no longer than the continuance of the war.

That each state respectively shall have the power to provide or organizing, arming and disciplining its own militia, whensoever Congress shall omit or neglect to provide for the same. That the militia shall not be subject to martial law, except when in actual service, in time of war, invasion or rebellion; and when not in the actual service of the United States, shall be subject only to such fines, penalties, and punishment, as shall be directed or inflicted by the laws of its own state.

Source: The Rights Retained by the People, Edited by Randy Barnett.

Elliot’s Debates


TOPICS: History; Reference
KEYWORDS: banglist; constitution; guncontrol; secondamendment
FYI. Mysteriously absent is reference to need, or hunting.
1 posted on 01/12/2013 8:09:26 AM PST by Jacquerie
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To: Jacquerie

Hunting was never part of the reason for drafting the 2nd Amendment. It was drafted to deal with people like Obozo and he knows it. So was the 1st Amendment and ditto to that as well. If he attempts to alter them and xthe 22nd Amendment (term limits) it could get real ugly.


2 posted on 01/12/2013 8:15:33 AM PST by jsanders2001
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To: Jacquerie

The religious exemption in North Carolina’s law along with the allowance to pay someone in their stead, implies it wasn’t just a right but a requirement like we see in modern day Switzerland.


3 posted on 01/12/2013 8:25:45 AM PST by mnehring
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To: Jacquerie

It is abundantly clear that the Second Amendment was intended as the last bastion of liberty. An armed people can overthrow tyrants and the Founding Fathers knew no system of government regardless of how carefully crafted to preserve individual liberty would be immune to tyranny. We have seen the slow unraveling of our Constitution since the time of Woodrow Wilson, but now with Obama increasingly ruling by fiat the very fabric of our liberty is in jeopardy.


4 posted on 01/12/2013 8:28:04 AM PST by The Great RJ
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To: mnehring
pretty close ~ yes, in the old class system in medieval times the expression 'to keep and bear arms' was always conceived of as two things ~ 'the right to keep arms', and separately 'the right to bear arms'.

France still maintained that division right up to about the time of the various French and Indian Wars where they granted Jews a very specific right to bear arms in the French Army. Prior to that time the Jews had no rights at all. In fact they weren't even supposed to live in France, but there they were, with no military tradition of their own for 1600 years, and the King had need of them as soldiers. The lists of the White Coats, besides having the names of many American ancestors, also clearly show men with traditional Jewish names in the ranks of the soldiery. That's 'cause they really were Jews, and sent to America to fight the invader.

Harry Truman probably thought he integrated the American military ~ Louis XV beat him to it 200 years earlier!

5 posted on 01/12/2013 8:44:07 AM PST by muawiyah
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To: The Great RJ

The Second is also the FIRST bastion of liberty. The right to bear arms means you have a right to serve in the military forces of the nation. They can’t keep you out except for the reasons that would keep anyone out. This prevents the fostering of an independent mercinary army!


6 posted on 01/12/2013 8:46:58 AM PST by muawiyah
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To: Jacquerie

Posted by another Freeper the other day...http://tomhoefling.tumblr.com/post/40256458212/the-first-law-of-nature-is-not-negotiable


7 posted on 01/12/2013 8:47:05 AM PST by csmusaret (I will give Obama credit for one thing- he is living proof that familiarity breeds contempt.)
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To: csmusaret
Posted by another Freeper the other day...

Not true, but at least you won the first "Post before reading" award of the day.

8 posted on 01/12/2013 8:52:58 AM PST by Jacquerie ("How few were left who had seen the republic!" - Tacitus, The Annals)
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To: Jacquerie

I meant the article I linked was posted by another Freeper but you win the almost smartass of the day award.


9 posted on 01/12/2013 8:57:06 AM PST by csmusaret (I will give Obama credit for one thing- he is living proof that familiarity breeds contempt.)
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To: Jacquerie
The argument that certain weapons weren't used or needed for hunting is a way for politicians to sidestep the fact that these weapons are needed in some instances to guarantee liberty against oppressive regimes.

Every state should have their legislature pass an act stating that EVERY individual over the age of 12 who has not been convicted of a felony, or under treatment for mental conditions, is part of the state's militia.

10 posted on 01/12/2013 9:00:13 AM PST by The Sons of Liberty (It's not "gun control"! It's "people control"!)
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To: csmusaret

No, that dishonor belongs to you. I’m sure you’ll wear it proudly.


11 posted on 01/12/2013 9:00:27 AM PST by Jacquerie ("How few were left who had seen the republic!" - Tacitus, The Annals)
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To: Jacquerie

If you weren’t so quick to point fingers people might quit calling you a jerk.


12 posted on 01/12/2013 9:03:01 AM PST by csmusaret (I will give Obama credit for one thing- he is living proof that familiarity breeds contempt.)
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13 posted on 01/12/2013 9:09:53 AM PST by RedMDer (Those that believe in gun free zones should wear GUN FREE ZONE T-SHIRTS.)
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To: csmusaret

For you, I suppose that counts as a deep thought. Keep trying.


14 posted on 01/12/2013 9:12:01 AM PST by Jacquerie ("How few were left who had seen the republic!" - Tacitus, The Annals)
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To: Jacquerie; csmusaret
Time out!!!

Thanks, Jacquerie, for this thread!

Throughout the States, in the beginning, there was a common understanding of the founding principles, including that most basic one--that individual rights are "Creator-endowed"--they are not grants from any collection of individuals in positions of power in government.

Thanks, too, to csmusaret for reminding us of the previous post which supports and reinforces Jacquerie's thread by providing a collection of quotations from the Founders themselves, as cited by Hoeffling.

How cleverly the so-called "progressives" have brought their movement to the point of outright public arguments for violating both the First and Second Amendments to "the People's" Constitution which informs them that those Amendments place such restrictions and violations outside the parameters of their limited powers or purview.

Before they could get to this point, however, they knew they had to turn the Founders' unique concept of Creator-endowed life, liberty, and rights upside-down, replacing the "Sovereign Ruler of the universe" with their own regressive and Old World notion of "government" and "government action" as supreme.

Note that America's Founders spoke of "natural" rights, of "Creator-endowed" rights, whereas "progressive" thought has eliminated such discussion from public discourse.

The first Samuel Adams quotation provided on the link suggested by csmusaret reminds us of the Founders' basic premise:

“Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature. … it is the greatest absurdity to suppose it in the power of one, or any number of men, at entering into society, to renounce their essential natural rights, or the means of preserving those rights; when the grand end of civil government, from the very nature of its institution, is for the support, protection, and defense of those very rights; the principal of which, as is before observed, are Life, Liberty, and Property. If men, through fear, fraud, or mistake, should in terms renounce or give up any essential natural right, the eternal law of reason and the grand end of society would absolutely vacate such renunciation. The right to freedom being the gift of God Almighty, it is not in the power of man to alienate this gift and voluntarily become a slave.” - – Samuel Adams, The Rights of the Colonists, The Report of the Committee of Correspondence to the Boston Town Meeting, Nov. 20, 1772

The "progressive" movement is founded in counterfeit ideas, and as it has gained a foothold in the nation's so-called "education" system, censoring out references to the Source of life, liberty, rights, and the right to defend them against all "foes, domestic or foreign," we are where we are today--arguing points which were settled by a Constitution which clearly excluded elected representatives of the people from possessing powers to violate "the People's" rights in those areas designated by the First and Second Amendments.

15 posted on 01/12/2013 9:44:29 AM PST by loveliberty2 ( -)
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To: The Sons of Liberty

Get your head out of your ass. Everyone can become a felon under this regime. The militia is what it is.. stop trying to parse the definition.


16 posted on 01/12/2013 9:53:23 AM PST by I got the rope
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To: Jacquerie
FYI. Mysteriously absent is reference to need, or hunting.

Of course not. Needs and Rights are two entirely separate things. What one needs, one is expected to provide for himself. What is one's right, the government has a moral obligation to protect. I need a car to go to work. The government isn't responsible for providing it to me. I have a right to freedom of religion. Government is responsible for protecting that right for me.

As for hunting or any other "sporting purposes", that argument is valid only if one seriously believes that the Founders fought a war to protect their right to have sporting goods. I really doubt that Thomas Jefferson and the others risked their lives, fortunes, and sacred honor to secure their right to purchase free weights and spandex bicycling shorts.

17 posted on 01/12/2013 10:06:02 AM PST by Redcloak (CA conservatives: Go to https://rtv.sos.ca.gov/elections/register-to-vote/ to quit the GOP!)
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To: Jacquerie

bookmark


18 posted on 01/12/2013 10:25:54 AM PST by VTenigma
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To: I got the rope

You sir are the one with your head up your ass! I’m not talking about about Fed Statutes, I’m talking about the local and state level, reasserting the Tenth Amendment! Under the 0bama Regime, anyone on this forum has already been identified as an enemy of the regime!


19 posted on 01/14/2013 6:58:42 AM PST by The Sons of Liberty (It's not "gun control"! It's "people control"!)
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