isadore;1875678 wrote:When Mr. Mason had a chance to have his beliefs written directly into law in the Virginia Declaration of Right, a document which he authored, what did he include. Why Section 13 about the militia to protect the state against standing armies. And what does not show up in any of the 16 sections, the individual right to bear arms. Must not be that important.
So utterly sophomoric from one who claims that others don't understand the Constitution.
First, let's dispose of 1939 Miller as it was NOT a substantive review of the 2nd amendment nor did it attempt to define the rights of that amendment.
The decision was for a specific case, and whether or not "they got it right" has no bearing on the substantive right of the populace to bear arms.
Examine the bolded part of the above quote....especially in the context of the fact that the major objection to the Bill of Rights came from those liberty loving founders who worried that the Bill of Rights itself could be misconstrued as "rights granted by the government" rather than rights that exist by our very nature as human beings. They worried that natural rights not specifically listed could be misinterpreted to mean that they are granted by the government.
They worried precisely about what is being postulated here.
If we are going to talk about "history" and "understanding" the Constitution, then you must thoroughly study its influences on the Founders and what they believed and what they were attempting to construct.
The Constitution is a product of the philosophies of the Enlightenment, the greatest explosion of absolute truth and empiricism in our history. (contrast that to the current relativism of truth...colored by perspective and emotions). These philosophies examined the human condition, human nature, natural law, the natural rights of man, and the nature of governments.... H
obbes, Locke, Rousseau and others. These are the "truths they held to be self evident", that our rights exist and come from God (or our very nature) and are NOT granted to us by our government.
In regards to the 2nd amendment, the founders could have found this inclusion to be an unnecessary altogether, as our right to self defense (of ourselves, our family and our property) exists in natural law, and in the natural rights we have as men. They chose to enumerate it specifically because it is the nature of government over time to acquire/usurp power from the people, and they feared (rightfully as history shows) that when the populace is disarmed, despotism and tyranny follow....no matter how benign that it may begin. It was of course, another check on what they feared their newly formed government might become.
More importantly, the amendment allows
the people to grant the government to form a "well regulated militia" or an army because it is necessary for a free and secure state.....nonetheless, the rights of the people to keep and bear arms may not be infringed.
Please. Don't talk to me about history, or about "understanding the Constitution" unless you are going to view it from a complete historical perspective without picking and parsing words and "progressive" misinterpretations.