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This is a very potent argument against the "2nd amendment means militia" talking point

Posted on 2/16/21 at 12:57 am
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
69289 posts
Posted on 2/16/21 at 12:57 am
Saw this on twitter. Idiot senator chris Murphy of CT tweeted this:

quote:

Here's my side of the argument, on why the 2nd Amendment is about collective, not personal defense, and allows the government to reasonably condition firearms ownership.

It actually reads: "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." It references militias - not personal defense - for a reason.

The founders were strongly opposed to America having a standing army. Madison called it an "instrument of tyranny". But a young America needed to defend itself. This is where militias come in, and the need to make sure citizens were armed in order to serve.

Nowhere in Madison's copious notes from the Constitutional Convention does he mention the 2nd Amendment being about the private right of gun ownership. And the term "bear arms", which today is connected with private gun ownership, back then was connected to militias.

So I don't think the 2nd Amendment is about protecting the right to defend your personal rights with a gun


LINK

A national review writer named CW Cooke, who was born in britain and chose to become an american citizen, owns him, by quoting the connecticut constitution from BEFORE the 2nd amendment was even ratified.

quote:

You’re going to get the most almighty shock when you get around to reading the Constitution of Connecticut, which from the moment the state has had one, has held that “Every citizen has a right to bear arms in defense of himself and the State.”

You’ll be equally shocked when you learn that the Philadelphia Constitution of 1776, which predates the Second Amendment, reads: “That the people have a right to bear arms for the defence of themselves and the state,” and does so in the same sentence it bars standing armies.

And I can barely imagine the scale of your surprise when you learn that Madison didn’t take notes on the first ten amendments at the Convention because the first ten amendments were added later—at the behest of those who thought the enumerated powers doctrine would be abused.

In essence, your position is that our reading of the Second Amendment is a modern mistake—that was made *before it was written* by Pennsylvania (and Vermont, which copied it literatim), and immediately afterwards by your own state, whose Constitution you have never read





LINK

It really does appear to be true that every single state in America that had a constitution before the US constitution was ratified, clearly guaranteed gun rights on the basis of both personal protection and protection of the nation.

It would be irrational to believe that the drafters of the US constitution had a massively different conception of gun rights than drafters of state level constitutions *written before* our own national constitution.
Posted by JColtF
Lake Charles, LA
Member since Aug 2008
4749 posts
Posted on 2/16/21 at 1:01 am to
quote:

This is a very potent argument against the "2nd amendment means militia" talking point


Excellent, articulate, and very well researched arguments; however the arguing/talking phase is over
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
69289 posts
Posted on 2/16/21 at 1:03 am to
To review:

CT senator chris murphy tweets out verbal diarrhea about how "2nd amendment actually is a collective right giving militias the right to defend america in time of attack"

A writer not even born in America quotes Connecticut's very own constitution from that time period that clearly shows gun rights were meant as personal rights for self protection.

owned.
This post was edited on 2/16/21 at 1:05 am
Posted by TheHarahanian
Actually not Harahan as of 6/2023
Member since May 2017
19513 posts
Posted on 2/16/21 at 1:15 am to

There’s no reason to argue this point. Legal precedent is it’s an individual right.
Posted by bird35
Georgia
Member since Sep 2012
12169 posts
Posted on 2/16/21 at 1:18 am to
I’m done arguing.

Reason does not make right.

The ability to destroy your opponent before they destroy you makes right.

Let’s settle this the way our forefathers knew it would be settled. Winner take all.
Posted by Taxing Authority
Houston
Member since Feb 2010
57219 posts
Posted on 2/16/21 at 1:24 am to
quote:

The founders were strongly opposed to America having a standing army.
Uhhh. They put the power to raise an army in Article I Section 8.

So while he seems to be claiming the Founding fathers were so much against a government-established army... they included in the constitution twice!
This post was edited on 2/16/21 at 1:35 am
Posted by Proximo
Member since Aug 2011
15552 posts
Posted on 2/16/21 at 1:26 am to
A cursory reading of DC v. Heller would’ve given him this info
Posted by Eightballjacket
Member since Jan 2016
7314 posts
Posted on 2/16/21 at 1:30 am to
It’d be hilarious if a conservative governor in a southern state formed his state militia (not the Guard) once again and gave the average Joe members some serious weaponry.
Posted by auggie
Opelika, Alabama
Member since Aug 2013
27928 posts
Posted on 2/16/21 at 1:30 am to
This is why senator Murphy is stupid. If arms were stored in a collective militia armory, then the first thing that an attacking army would do, would be to mortar the armory. Game over. Not that it matters, the 2nd amendment is about personal freedom for citizens and it shall not be infringed.
This post was edited on 2/16/21 at 1:44 am
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64606 posts
Posted on 2/16/21 at 1:32 am to
quote:

A cursory reading of DC v. Heller would’ve given him this info

yep
quote:

The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved.
Posted by stuntman
Florida
Member since Jan 2013
9096 posts
Posted on 2/16/21 at 1:39 am to
I use this argument against gun grabbers;

"A well educated electorate, being necessary to the security of a free state, the right of the people to keep and read books, shall not be infringed."


Does that mean only people w/ college diplomas should vote?


Posted by IceTiger
Really hot place
Member since Oct 2007
26584 posts
Posted on 2/16/21 at 1:39 am to
It's definitely in addition to...

If a bunch of gun-toting baws wanted to rally up on the state lawn and drag mfers out...

Between number 2 and the DoI...it guarantees that right. Heck it's why power is intended to be local, so any situation of tyranny can be swiftly rectified if it gets to be excessive.
Posted by Jizzy08
Member since Aug 2008
11223 posts
Posted on 2/16/21 at 2:00 am to
They’re already wiping their asses with the constitution anyway. They truly don’t give a shite what it says.
Posted by efrad
Member since Nov 2007
18644 posts
Posted on 2/16/21 at 2:03 am to
If it means militia, then what does militia mean?

quote:

10 U.S. Code § 246 - Militia: composition and classes
(a)The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b)The classes of the militia are—
(1)the organized militia, which consists of the National Guard and the Naval Militia; and
(2)the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.


LINK
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
67859 posts
Posted on 2/16/21 at 3:09 am to
So under his version a state has the absolute right to issue full auto weapons to its militia citizenry.


We can work with that.
Posted by Jeff Boomhauer
Arlen, TX
Member since Jun 2016
3552 posts
Posted on 2/16/21 at 4:42 am to
We’ve seen how far out of proportion the left has blown the Jan 6 protest. I can’t imagine what happens when they figure out that the 2nd is there to keep them in line.

I honestly wonder if it ever crosses their minds that if the founding fathers came back today, they would shoot them democrats for being tyrannical
Posted by RollTide1987
Augusta, GA
Member since Nov 2009
65065 posts
Posted on 2/16/21 at 4:45 am to
I'd also ask Mr. Murphy why he believes the Second Amendment is a collective and not an individual right when the other amendments that make up the Bill of Rights all center around the individual (save the Tenth, which directly references who it's talking about).
This post was edited on 2/16/21 at 4:47 am
Posted by MeatCleaverWeaver
Member since Oct 2013
22175 posts
Posted on 2/16/21 at 4:50 am to
There are enough writings of the founders and early American statesmen to prove Murphy is full of crap.
Posted by SlapahoeTribe
Tiger Nation
Member since Jul 2012
12095 posts
Posted on 2/16/21 at 5:19 am to
quote:

very potent argument against the "2nd amendment means militia" talking point
Penn & Teller
Posted by McLemore
Member since Dec 2003
31493 posts
Posted on 2/16/21 at 5:24 am to
Chris Murphy is a low-IQ, high amygdala function, lunatic who should be ignored usually. But that was a complete ownership Cooke.
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