When did you become Canadian?You're like a dog with a bone, & just can't let go, eh?
I argue that the weapons of the militia would change along with the potential threats they face, & that this would be the founders intent. (It's similar to freedom of the press being extended to more than just print media existing in the 1700s.) As far as I know, ordinary citizens didn't own cannons or warships, nor did the founders envision that they would.
Perhaps. But perhaps also you are now less tired of the topic & can continue a conversation which occured in a previous thread (in which I was critiqued by members on opposite sides, which one would think probably ensures I was wrong)?
Nothing could honor the intent of the framers. Too much has changed because of technology (not just military technology). The framers wished "the people" to have the means to fight and resist centralized military if the government misused it. They had also just made much use of militia to defeat a military force, and were now ensuring a comparable force existed under the control of the federal government. The right of the people to keep and bear arms meant they would represent a check against the misuse of this new force. Hence the back and forth about "service" and what militia meant during the debate over wording.
There is no way for guns with military capability to do what firearms could during the 18th century. There is no way for the intent of the framers to be honored without a massive disarming of our military forces, because no amount of firearms is going to matter against the federally controlled military power. There is no way that militia can do what it did in the 18th century (in other places in the world, yes, but not here).
Tyranny requires control of the military. Always has. A dissenting military means a fractured state and civil war, not tyranny. Even apart from the military, the FBI, ATF, DEA, and CIA all have paramilitary and the capacity to deploy them quickly. Every large city I know of has rapid response teams too. Short of the zombie apocalype, there's nothing that a bunch of people with guns are going to do against tyranny. The army, navy, and airforce all have the capacity to put an end to any group of armed, entrenched individuals with a single plane. If the military is fractured, that means you have a situation in which someone is still controlling incredibly powerful equipment which makes small arms useless. That's what has allowed warlords to rule in places where AKs are easily obtained. Not to mention what has happened in various places formerly controlled by the Soviet Union.
If I may (and even if I may not):Now, I gave you some background. Before I answer your question, why not tell me what you think of my take on the 2nd Amendment?
"being necessary" is a conditional. That clause is an antecedent or protosis of sorts, or better yet a premise which, if true, means the "conclusion" is also true: "Given that X, Y shall hold true." If the framers did not care what the reason was, and had they not considered the reason for the amendment of central importance, then we wouldn't have the wording we do. They re-wrote this amendment before finalizing it. Other amendments granting rights are not linked to any reason. The "right of the people to be secure..." or the right of "the accused... to a speedy trial" is not held to be "necessary" for any particular desired state the way the 2nd amendment is. They are just given as rights. To imagine that the difference is meaningless is to ignore how carefully this document was worded and re-worded before becoming law. If the authors simply thought it a basic right of the people to bear arms, why does the wording here differ from every other amendment in that it is linked to a reason? It would have been simpler to simply say "the right of the people to keep and bear arms shall not be infringed." It would have been clearer. It would have more resembled the other amendments. And given that the debate over how the amendment should be written centered on the militia and military aspect, clearly that was of great importance. The problem of interpretation has historically been the conflict between the clear link between this "right" and what it is contigent upon, and the phrase "right of the people" which is clearly more general than simply those who are militia.
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