B"H

Wednesday, October 7, 2009

Amendment II.

Part 2

I take it as a given that the Framers of our Constitution owned and used firearms. They hunted game and defended themselves using guns. It follows that the Second Amendment does not concern itself with actual gun ownership.

I believe that key words in the amendment are 'Militia' and 'State'. State refers to any one of the original thirteen states of the Union, to all newly admitted states, and now to all fifty states.

First, I'm listing clauses from Article I of the Constitution that contain the word 'State'. With one exception, 'State' refers to one of the states of the Union.

The exception in Section 9 reads: "foreign State". ("... no Person holding any Office of Profit or Trust under them [the States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.")

Article. I.

Section. 2.

  • "... by the People of the several States, and the Electors in each State shall have the Qualifications ..."
  • "... Branch of the State Legislature."
  • "... be an Inhabitant of that State in which he shall be chosen."
  • ["... Taxes shall be apportioned among the several States which may be included within this Union ..."]
  • ["... each State shall have at Least one Representative;"]

Section. 3.

  • "... two Senators from each State ..."
  • ["... during the Recess of the Legislature of any State ..."]
  • "... be an Inhabitant of that State for which he shall be chosen."

Section. 4.

  • "... shall be prescribed in each State by the Legislature thereof;"
  • "... by Cession of particular States ..."
  • "... by the Consent of the Legislature of the State ..."

Section. 8.

  • "... reserving to the States respectively ..."
  • "... by Cession of particular States ..."
  • "... all Places purchased by the Consent of the Legislature of the State ..."

Section. 9.

  • "... any of the States now existing ..."
  • "No Tax or Duty shall be laid on Articles exported from any State."
  • "... to the Ports of one State over those of another ..."
  • "... Vessels bound to, or from, one State ..."

Section. 10.

  • "No State shall enter into any Treaty ..."
  • "No State shall, without the Consent of the Congress, lay any Imposts ..."
  • "... laid by any State on Imports ..."
  • "No State shall, without the Consent of Congress, lay any Duty of Tonnage ... enter into any Agreement or Compact with another State, or with a foreign Power ..."

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