How do you interpret the Second Amendment?

Discussion in 'Politics, Religion, Social Issues' started by moonman239, Mar 25, 2016.

  1. moonman239 macrumors 68000

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    #1
    To me, the meaning seems clear. In modern Englsh, it means "Because the people will forever need a means by which they can protect themselves from a tyrannical government, the right of the people to keep and bear arms..."
     
  2. aaronvan Suspended

    aaronvan

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    #2
    Interpreted thus:

    "Citizens can own guns."
     
  3. jkcerda macrumors 6502

    jkcerda

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    #3
    pretty simple, no where did they say "muskets".
     
  4. thewitt macrumors 68020

    thewitt

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    #4
    Always been clear to me. I think the only ones who don't think it clearly states the right of the people to bear arms shall not be infringed, are the same ones who think the Constitution is a living document, to be reinterpreted by every President as he sees fit.
     
  5. NT1440 macrumors G4

    NT1440

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    #5
    Well, I certainly don't leave out words in it to have it reinterpreted 200 years after the fact, but I'm no SC Justice.
     
  6. BoxerGT2.5 macrumors 68000

    BoxerGT2.5

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    #6
    Here we go with this nonsense. Much like the old testament, some would say it was written at time that just doesn't work in today's modern era.
     
  7. FieldingMellish Suspended

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    #7
    Wilke-constitution-pedia.
    --- Post Merged, Mar 25, 2016 ---
    People today are the way they were way back when.
     
  8. Technarchy macrumors 603

    Technarchy

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    #8
    The meaning is only unclear if you are a special needs.

    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.

    Pretty straightforward.
     
  9. BoxerGT2.5 macrumors 68000

    BoxerGT2.5

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    #9

    The arms are not.
     
  10. mrkramer macrumors 603

    mrkramer

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    #10
    Yep, people should be able to have weapons so they can serve in the militia which has become the National Guard.
     
  11. Renzatic Suspended

    Renzatic

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    #11
     
  12. Technarchy macrumors 603

    Technarchy

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    #12
    The National Guard is not the militia.

    Legally what you are saying has no constitutional standing.

    The Bill of rights identifies the rights of people. The national guard is not a person, but rather a government entity. That plays into the narrative of citizens united, where corporations are defined as people, and last I checked business aren't born.
     
  13. NT1440 macrumors G4

    NT1440

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    #13
    What exactly do you consider the "A well regulated militia being necessary to the security of a free State" part of the sentence to mean then?

    I'm just curious honestly
     
  14. Technarchy macrumors 603

    Technarchy

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    #14
    I consider it as it reads.
     
  15. NT1440 macrumors G4

    NT1440

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    #15
    So in your reading the militia is separate from citizens, or citizens cannot be blocked from owning arms because they will be part of that militia?

    I'm genuinely curious, it's a short statement but it leaves a lot to be desired in clarity so I like to see what people read it as.
     
  16. Technarchy macrumors 603

    Technarchy

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    #16
    How about this:

    "A well organized bus system being necessary to the success of commuting, the right of the people to keep and bear driver's licenses shall not be infringed."

    When you read that, does it say that people can only have a driver licenses if they drive buses for commuting?
     
  17. mrkramer macrumors 603

    mrkramer

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    #17
    The state militias that were around at the time the constitution was written did evolve into the National Guard, even if you don't want to beleive it.
     
  18. Technarchy macrumors 603

    Technarchy

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    #18
    Logic check:

    The people are supposed to secure their freedom against state tyranny with a state organization?

    That's like wanting help from the wehrmact for protection from the SS.
     
  19. jkcerda macrumors 6502

    jkcerda

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    #19
    why did you stop reading?

    it continues from where you decided to cut it of

    "the Right of the PEOPLE shall not be infringed."
     
  20. NT1440 macrumors G4

    NT1440

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    #20
    I didn't stop reading, I'm curious as to who people interpret that first part. Since the 70's the NRA has seemingly forgotten about it.
     
  21. oneMadRssn Suspended

    oneMadRssn

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    #21
    I read it as follows. The first part qualifies the second part. The second part is crystal clear, "the right of the People to keep and bear arms shall not be infringed." The second part is not isolated though, and every word in the constitution has meaning.

    The question is, what is the first part?
    - Is it defining a condition precedent for the second part to apply? A person's right to keep and bear arms can be infringed when a well regulated militia isn't necessary to the security of the state? Some could argue that a well-regulated militia isn't necessary anymore, we have an army now with aircraft carriers and tanks.
    - Is it an introduction that sets the purpose of the second part? A person's right to keep and bear arms cannot be infringed only if they are part a well regulated militia. Many have argued this.
    - Is it an alternative instruction to the government, or a sort of incentive clause? It is necessary to the security of the state that the government set up a well regulated militia, and this is how the government can regulate the right to bear arms; but if there is no militia regulation set up by the government, then the government shall not infringe the right to keep and bear arms. So unless and until there is a militia, the right cannot be infringed. This view has also seen popularity.

    All of the above are reasonably, imo. The only view that is completely unreasonable is that first part has no meaning or effect upon the second part.
     
  22. zioxide macrumors 603

    zioxide

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    #22
    That's the part we're supposed to ignore, right?
    --- Post Merged, Mar 25, 2016 ---
    Where does it mention anything about tyranny?
     
  23. NT1440 macrumors G4

    NT1440

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    #23
    According to the NRA, yes.

    Their plaque in their headquarters literally excluded it entirely.
     
  24. zioxide macrumors 603

    zioxide

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    #24
    Did they also add a fictional bit about tyranny?
     
  25. thewitt macrumors 68020

    thewitt

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    #25
    The second amendment not only permits gun ownership by the people, but it also permits the organization of a well regulated militia.

    This means that the US government cannot stop the people - not state governments - from forming and maintaining a well regulated militia to protect themselves from all threats, foreign and domestic.

    Been tested in court. Upheld. It's separate from personal gun ownership, and not something the NRA is concerned with.

    I am free to form and train my own militia without interference from the government. It's really quite simple.
     

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