"Well regulated"

NFrameFred

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PLEASE resist the urge to make this political and get yourself dinged and/or the thread closed . . . . . given current events in the news this, as always, is being trotted out by the faithful advocating further restrictions and bans . . . .


I read an opinion years ago and was persuaded of the validity of the point of view concerning the language used in the Second Amendment that the opposition loves to try to twist into something I'm convinced is in error.

The opening phrase, " A well regulated militia . . . "

Those who believe government is the savior and should control everyone for their own good naturally would love to believe that speaks to central government control (which WAS NOT the prevailing attitude of the populace at the time, having just thrown off the boot on the neck by the English). They fearfully deny any interpretation that doesn't say that this wording means that strict and complete government promulgated regulations are to be first and foremost in governing any such militia (again, NOT the prevailing attitude of the populace at the time).

Being a student of Jefferson, Adams and the writings of their contemporaries, reading their correspondence and writing sheds light on the manner of speech of that day, particularly in written form. Today many of the phrases they used for sake of clarity in that time are, by right, deemed archaic compared to our manner of speaking in this day and time. It is sometimes necessary to read their phrasing and chosen words several times to glean just exactly the point they are articulating.

The opinion I refer to originally was that "a well regulated militia" meant something totally different than what today's nanny-state dependents want it to mean.

A somewhat dated phrase, even in use today, is the regulation of firearms (shot guns and muzzle-loaders especially) meaning to adjust to the point of aim. Barrels are bent or pushed into an accurate point of impact to regulate/adjust them in gunsmithing terms, a phrase which would have been very familiar in the days of the Founders.

Thus a 'well regulated' militia would imply all eligible citizens who were loosely organized for the common defense were familiar with the use of their privately owned weapons and that they be accurately sighted in. The Founders were saying, " it's not just enough for free men to own guns to defend the country, but that they should be familiar, practiced, and accurate with such weapons to be prepared to stand in that defense."

In debating the point with several eggheads whom I consider to be educated beyond their intelligence, I have been met with open scorn, derision and insult for even considering the above proposition.

I do not make apology for the personal position that words mean things, and it drives me to distraction that in today's world words are being co-opted to mean what some want them to mean for political or ideological reasons without any regard to the historical and academic history of their definitions and context.

It MUST be considered that at the time the words were written that the concept of central government control was hotly contested by those seeking to retain the power of each of the individual states verses the federalists who advocated more control on the whole in certain matters such as taxation. It MUST be considered that having just overthrown despotic English rule and their fear of standing government controlled armies that the Founders most certainly were not advocating turning 180 degrees and forcing that on their newly free countrymen. They understood exactly the difference between the Continental Army, necessary during the war with England, and the Militia which was comprised of all eligible free men. In that day it in no way equated to what we now know as a 'national guard' which, at the time, was an as yet unknown concept and only came much later in our evolution of government.


Convince me I'm wrong, if you can . . .
 
"Well regulated" back then meant:
1. Properly drilled. Those who constantly skipped drills were often subject to hefty fines. One problem back then-which Baron Von Steuben corrected at Valley Forge -was lack of uniformity in drills. Even in the British Army it varied, there were English drills and Scottish drills.
1. A militiaman's firelock could not be of "******* bore"in the language of the time-i.e. had to be of standard bore, the .75 of the Brown Bess. But the firelock was his personal property, kept at home.
 
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Whatever it meant then, just like Prohibition it can be repealed with today's modern language.

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Whatever it meant then, just like Prohibition it can be repealed with today's modern language.
Sent from my motorola one 5G using Tapatalk


I will have to respectfully disagree.


The Second Amendment, unlike the 18th, is in the Bill of Rights, another little detail that most of our enemies like to pretend means nothing.


The Bill of Rights simply recognizes pre-existing rights that we possess that are in no way "given" to us by the government. Those who clamor for the 'repeal' of the Second Amendment are, in my (and a lot of others) mind, understanding and education - mistaken in that assertion and belief.
 
I agree with your position wholeheartedly, Fred. We have allowed our federal government to do away with the framer’s original intent. The power to govern was meant to be reserved for the individual states and the individual. We have drifted along ways from that. Some states are beginning to push back, though. A good thing!
 
“I ask Sir what is the militia? It is the whole people except for a few public officials.”

-George Mason

George Mason was a Founding Father and is considered to be a father of The Bill of Rights.
 
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In a letter to William Johnson, written by Thomas Jefferson on June 12, 1823:

"On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was past."

John
 
"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."

I dont get hung up on the militia thing. I have always been under the opinion that in the 2nd, a comma has the same meaning as the word "And", as in the following:

"A well regulated Militia, being necessary to the security of a free State and the right of the people to keep and bear Arms, shall not be infringed."

Said another way, the well regulated militia and the people are two entirely different things. The peoples right to keep and bear arms stand alone completely independent of a militia. If anything, the 2nd doesn't give the militia the right to bear arms, only the people have that right. But then again, I aint no judge.
 
“I ask Sir what is the militia? It is the whole people except for a few public officials.”

-George Mason

George Mason was a Founding Father and is considered to be a father of The Bill of Rights.

But actually playing no part in the actually drafting, writing and/or framing of the "US Bill of Rights", but rather adopting parts of it in drafting, writing and/or framing of the Commonwealth of Virginia's "Virginia Declaration of Rights" on 14 June 1776...

( Virginia Declaration of Rights: Primary Documents of American History (Virtual Programs & Services, Library of Congress). )
 
"Convince me I'm wrong, if you can . . ."

That sums up BOTH sides of the problem, right there...
 
to rephrase it to it's intent.
"We will need an army to protect this nation. You will need arms should this army be used against you"
 
Whatever it meant then, just like Prohibition it can be repealed with today's modern language.

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They could, but that doesn't take away the right. The Constution doesn't grant rights, it recognizes that we have pre-existing rights that can't be infringed.
 
During the Revolutionary War, untrained (un-regulated) militias had a tendency to break and retreat under the intense, direct fire of British troops. I think the "regulated" had little to do with individual firearm accuracy or supplies. It applied more to the training required to stand firm and face the fire.
 

These definitions should be read carefully. The usage has only realtively recently changed.

I enjoy watching reruns of the old quiz show "What's My Line" on youtube. They go back to the early 50s. The panelists have to figure out what job a contestant does, and sometimes it involves figuring out what product they make or sell. On several occasions panelist Dorothy Kilgallen asks the question "Is this something that would be found in a well-regulated home?"

That's a proper usage of the term, and in line with the usage in the 2A .
 
“Well regulated” simply means “well equipped” or “well run”….like a well regulated timepiece.

“A well (run) militia, being necessary for….”

Word’s meanings can, overtime, change or morph/corrupt into alternate meanings.

The term “liberal”, for example, hardly means “enlightened” or “well rounded/open minded” anymore….it’s becoming just the opposite.
The term has been hijacked.

Unfortunately the term “regulated” has almost become synonymous with authoritative regulation.
 
...The Bill of Rights simply recognizes pre-existing rights that we possess that are in no way "given" to us by the government. Those who clamor for the 'repeal' of the Second Amendment are, in my (and a lot of others) mind, understanding and education - mistaken in that assertion and belief.

Whenever someone wants to debate the Second Amendment with me, I ask him why? What does it matter? What would really change if 2A were repealed?

There are untold millions of firearms in private hands in this country, most of them unknown to Uncle Sam and the various state governments. Americans are not going to voluntarily give them up, and absent probable cause, governments have no reason to search private homes looking for guns.

Those who fantasize about disarming America might as well flap their arms and try to fly to the Moon...
 
I will have to respectfully disagree.


The Second Amendment, unlike the 18th, is in the Bill of Rights, another little detail that most of our enemies like to pretend means nothing.


The Bill of Rights simply recognizes pre-existing rights that we possess that are in no way "given" to us by the government. Those who clamor for the 'repeal' of the Second Amendment are, in my (and a lot of others) mind, understanding and education - mistaken in that assertion and belief.

I admire your faith, but believe it's misplaced.
The Constitution is a gun owner's version of a PFA. Hold that paper up when your abusive Ex Uncle Sam comes through the door.
 
Whenever someone wants to debate the Second Amendment with me, I ask him why? What does it matter? What would really change if 2A were repealed?

There are untold millions of firearms in private hands in this country, most of them unknown to Uncle Sam and the various state governments. Americans are not going to voluntarily give them up, and absent probable cause, governments have no reason to search private homes looking for guns.

Those who fantasize about disarming America might as well flap their arms and try to fly to the Moon...

Agreed. Although I think the attempt to limit certain weapons like was done in the NFA 1934 will be attempted and that attempt will be tied up in court for a very long time and will ultimately go nowhere.

As for "well-regulated" back in the days of the founding fathers, there was no real standing army per se nor even what we would call police forces today. In that vein EVERYONE that could hold a rifle WAS the militia. When you look at it realistically, that is still the case today and in some areas of the country still utilized in emergencies.

Our problem isn't so much a gun problem as it is a people problem.
 
Whenever someone wants to debate the Second Amendment with me, I ask him why? What does it matter? What would really change if 2A were repealed?

There are untold millions of firearms in private hands in this country, most of them unknown to Uncle Sam and the various state governments. Americans are not going to voluntarily give them up, and absent probable cause, governments have no reason to search private homes looking for guns.

Establishing probable cause is easy. Identifying likely gun owners isn’t that difficult for the Government. More so in States that require registration or a permit to purchase. The easiest way is too start with the folks that buy or have brought hunting and fishing licenses (having a handgun for protection when fishing is common). Consider the recent efforts to give a special merchant code on credit cards for guns and ammunition purchases. Consider how common the hacking of government and private companies. Then there is discussion forums on the Internet.

Then they can do it the time proven old way. Neighbors ratting on neighbor.

Those who fantasize about disarming America might as well flap their arms and try to fly to the Moon...

Q; How do you eat a elephant?

A; One bite at a time.
 
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I admire your faith, but believe it's misplaced.
The Constitution is a gun owner's version of a PFA. Hold that paper up when your abusive Ex Uncle Sam comes through the door.

That's only because we don't hold elected officials accountable and continue to reelect them. The Constitution is the contract written by the states that empowers the federal government to exist. Without the Constitution, the federal government is just an illegitimate rogue force.
 
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