Posts Tagged founding era

2 Attorneys Give The Case Against “Assault Weapons Ban”

From Bearing Arms:

Tench Coxe, a friend of Madison and himself a delegate to the Constitutional Convention, in discussing the Second Amendment, wrote “civil rulers . . . may attempt to tyrannize,” and rulers might use the power of the military to injure fellow citizens, thus, “the people are confirmed by the article in their right to keep and bear their private arms.” He had earlier also written that “Congress ha[s] no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American.”

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Founding Era German Translations Of The Second Amendment Give New Perspective

From Bearing Arms:

After analyzing these interpretive similarities, this research makes the following contentions: the original public meaning of the Second Amendment indicated an understanding of both an individual right to keep and bear arms as well as a declarative statement on the militia that had no limiting effect on the individual right. Put another way, the first clause (the Militia Clause) does not create a condition for the second clause. Instead, it declares an axiom as understood by the framers: a well-established and well-outfitted militia (broadly defined as the entirety of the national populace) is necessary to securing a free nation. To support this dictum, the amendment subsequently recognizes the individual right to keep and bear private arms, because the militia is made possible by private arms rather than the other way around. With the publication of the Bill of Rights, the Constitution endorsed an armed citizenry as the best possible defense of a nation’s liberties rather than making the individual ownership contingent on the continued use of a militia.

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Liberal Law Prof Refutes Biden’s Cannon Claim

From Jonathan Turley:

President Joe Biden returned this week to his claim that the Second Amendment was originally understood and applied to ban the private ownership of cannons. It is not just an embarrassing repetition of a false claim but threatens to reduce his own gun control measures to little more than cannon fodder on a historical perspective.

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