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Old 08-28-2019, 09:44 PM
Abatis is offline
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Join Date: Apr 2011
Location: Upper Bucks County, PA.
Posts: 322
The framers would all hold the idea that the right to arms is conditioned and qualified or restrained by the words of the 2nd Amendment with contempt -- after they stopped laughing when they realized people were seriously saying that the declaratory clause modifies the right.

None of them believed they were granting or giving "the people" the right to arms. They all believed in the principle of conferred powers and retained rights . . . That anything and everything not spelled out in the body of the Constitution, (granting government a power over that interest), was retained by the people as a right.

The fight over adding a bill of rights was on that point, not any disagreement about what rights were. The Federalists thought it dangerous and absurd to call out that things shall not be done when no power was ever granted that allowed government to act. Yeah, they lost that fight and we have a Bill of Rights but Federalist arguments against adding a bill of rights were codified and became the 9th and 10th Amendments, and speak directly on this point.

The framers would be shocked that people were dissecting and parsing the 2nd Amendment and trying to discern what rights the framers "intended" to give the people They would think it preposterous that people are reading the 2ndA to try to discover what arms the people were "allowed" to possess and use. They would be horrified that such ridiculous things were being said. . .

"We the People" don't possess the right to arms because the 2nd Amendment is there . . . "We the People" possess the right because "We the People" never granted government any power to have any interest in the personal arms of the private citizen.

IOW, the right isn't ours because of what the 2nd Amendment says, the right is ours because of what the body of the Constitution DOESN'T say.

That's what the framers would be telling us if they could.

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Last edited by Abatis; 08-28-2019 at 09:45 PM.