Amendment II

Part 1

"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."

Copyright © Jim Morin, The Miami Herald, August 25, 2009 Printed in The Kansas City Star

Comments by Nate Segal

It seems to me that the Framers of our Constitution and this Amendment wanted to prevent the government abuses that they suffered from before 1776. So I'll start by listing the abuses committed by the King of Great Britain as written in the Declaration of Independence. In this way, I'm presenting some situations that the Second Amendment is probably meant to prevent.

THE DECLARATION OF INDEPENDENCE

". . . the present King of Great-Britain . . ."

• "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."
• "HE has combined with others . . . giving his Assent . . . :
• "FOR quartering large Bodies of Armed Troops among us . . ."
• "HE is, at this Time, transporting large Armies of foreign Mercenaries . . ."
• "HE has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the Executioners of their Friends and Brethren, or to fall themselves by their Hands.
• "HE has excited domestic Insurrections amongst us . . ."

My thoughts:

Federal Civil Power, Congress and the President, will be superior to any Army or Navy.

Neither the Army nor the Navy will have power to act independently of Congress and the President.

Members of both the Army and Navy will be citizens — not Mercenaries.

The Standing Army of the Union will be raised and supported — housed and fed — by Congressional Appropriation of Money. Armed troops will not need to be quartered on civilian premises.

Citizens need not fear that soldiers will be spying in private houses. (This idea was raised in class.)

It seems to me, though, that the Second Amendment gives leeway to State Legislatures to house and feed their Militias by quartering them with their fellow Citizens of that State (unless employed in the Service of the United States). See Article I, Section 8, of the Constitution concerning Congress: "To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States . . ."

The Federal government may not conscript — constrain — Citizens to bear Arms against other Citizens.

At some point, I intend to argue that the Civil War was illegal. Also, I believe that President Lincoln could and should have been tried for High Crimes and Misdemeanors — "Executing Friends and Brethren" and having "excited domestic Insurrections."

However, this doesn't imply that I ever would have approved of slavery.

A well regulated State Militia will prevent domestic Insurrections.