From: Jim Choate <[EMAIL PROTECTED]>
Subject: Constitutional analysis of the right to bear arms
Date: Thu, 23 Apr 1998 20:07:32 -0500 (CDT)
A Review of The Constitution and The Use of Force:
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[Here is where the federal government is given the job of protecting the
union and the people thereof]
We, the People of the United States, in order to form a more perfect Union,
establish Justice, insure domestic Tranquility, provide for the common
defence, promote the general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity do ordain and establish this Constitution for the
United States of America.
[This is where the federal government is directed to foot the bill for the
protection of the union and the people]
Section 8. The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for the common
Defence and general Welfare of the United States; but all Duties, Imposts
and Excises shall be uniform throughout the United States;
[This is where the federal government is directed to do three things,
form a navy, form an army, and form a militia. It is of some import to note
that the federal government is explicity directed to *arm* the militia,
train the militia; the states are directed to appoint its officers. Note
also that it *explicity* directs the federal government to use the militia
in internal disputes. Not only do the people have a right to bear arms, the
federal government is obliged to provide them if a member of the militia.]
To declare War, grant Letters of Marque and Reprisal, and make
Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to
Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and
naval forces;
To provide for calling forth the Militia to execute the Laws of
the Union, suppress Insurrections and repel Invasions;
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, reserving to the States respectively, the Appointment
of the Officers, and the authority of training and Militia according to
the discipline prescribed by Congress;
[Clearly the militia are not an arm of the states themselves since militia
are clearly troops. There is also the explicit recognition that if the
federal or state governments can't protect the states via the navy, army, or
militia they are directed to protect themselves. This would be impossible if
there wasn't an assumption to the people having ready access to weapons.]
No State shall, without the Consent of Congress, lay any Duty of
Tonnage, keep Troops, or Ships of War in time of Peace, enter into any
Agreement or Compact with another State, or with a foreign Power, or engage
in War, unless actually invaded, or in such imminent Danger as will not admit
of delay.
[Here we find that the President is *only* commander in chief of the
military when they are called into use *by Congress*. The current claims of
the executive that they have the authority to distribute troops is incorrect
- they have no authority without Congress' approval.]
Section 2. The President shall be the Commander in Chief of the Army and
Navy of the United States, and the Militia of the several States, when called
into the actual Service of the United States; ...
[Here we find that the Executive is also limited in matters of domestic
tranquility unless the Congress can't be convened. Again, the Executive has
no authority, except in a particular situation, without Congress' approval.]
Section 4. The United States shall guarantee to every State in this Union
a Republican Form of Government, and shall protect each of them against
Invasion; and on Application of the Legislature, or of the Executive (when
the Legislature cannot be convened) against domestic violence.
[Here we find that the 2nd is really about derailing any arguments that the
*only* way a citizen can own a weapon is through the militia. When taken in
toto it is clear the 2nd is about citizens of the US protecting themselves
against other citizens of the US. There is *no* issue of hunting or other
diatribe against individual gun ownership. Any federal level law regulating
weapons is unconstitutional if it prohibits a citizen from obtaining a
weapon of their choosing, unless we change the 2nd. Amendment.]
ARTICLE II.
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.
ARTICLE III.
No Soldier shall, in time of peace be quartered in any home
without the consent of the Owner, nor in time of war, but in a manner to
be prescribed by law.
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