Friday, January 30, 2026

The real history of the Second Amendment.

Let's start this with this precursor to the Second Amendment from the Virginia Bill of Rights of 1776 for a good idea of what the founders' mindset happened:
13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and governed by, the civil power.

I've gone on ad nauseum about how the current interpretation is an ultra vires act that has no historical basis. After all the complaints in the Declaration of Independence were:

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

This gets into the real history of the mindset behind the Second Amendment which is the conflict between a professional, full time standing army and a part time force (the militia).

And you can show me where the US Constitution explicitly mentions "self-defence", or any other non-military use of arms if you think I am wrong.

There is far more evidence that my interpretation is the correct one:
What, sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty. Now, it must be evident, that, under this provision, together with their other powers, Congress could take such measures with respect to a militia, as to make a standing army necessary. Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins. This was actually done by Great Britain at the commencement of the late revolution. They used every means in their power to prevent the establishment of an effective militia to the eastward. The Assembly of Massachusetts, seeing the rapid progress that administration were making to divest them of their inherent privileges, endeavored to counteract them by the organization of the militia; but they were always defeated by the influence of the Crown. --Elbridge Gerry, House of Representatives, Amendments to the Constitution 17, 20 Aug. 1789, Annals 1:749--52, 766--67  

See also:

  • Schwoerer, Lois G. “No Standing Armies!” The Antiarmy Ideology in Seventeenth-Century England, ISBN: 978-0801815638

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