Setanta wrote:Absent the evidence of a majority of the members of the First Congress to the effect that they heavily edited the very different and prolix proposal which you cited, i have no good reason to believe your contention.
The heavy editing you refer to was done by James Madison. He took all the proposals made by the ratifying conventions and boiled them down to more concise language, then presented them to Congress. But he didn't intend any change in the meaning of the rights when he pared down the text.
The only significant debate about the Second Amendment in the records of the First Congress was over a right that Madison mixed in with the Second Amendment when he was reducing the text of all the Amendments, which would have exempted religious conscientious objectors from militia duty.
Setanta wrote:Oralloy wrote:On the contrary, the federal government is prohibited from doing anything the Constitution does not give it the express power to do. That is what the Tenth Amendment is all about.
(That also makes most federal gun control unconstitutional even without the Second Amendment.)
This is the complete text of the tenth amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
There is no mention there of a prohibition based on
express powers granted to the United States
The term "delegated to the United States by the Constitution" refers to the express powers granted to the federal government.
Setanta wrote:Oralloy wrote:What they said was that the Second Amendment was intended to "assure the continuation and render possible the effectiveness" of the militia. And it could only be interpreted in light of that goal.
That was precisely what i had said when i quoted their remark in full:
With obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view. You offer your remark as though that somehow refutes my comment to the effect that: " . . . and the comment of the Supremes in Miller, when they state that the amendment can only be interpreted in the light of the powers granted Congress in Article One, Section Eight."
Saying that the Second Amendment has to be interpreted in light of the goal of protecting the militia, and saying the Second Amendment has to be interpreted in light of Congress' power to arm the militia, are very different things.
Setanta wrote:Your answer to the portion of my post which you quoted is not an answer at all. It does not answer the point i made that individuals arming themselves, but not subject to the controlling powers granted Congress do not constitute a well-regulated militia.
I didn't address that because I saw nothing objectionable to it. I tend to focus on the parts I disagree with.
I agree that a bunch of unorganized individuals are not going to be a well-regulated militia.
I'd love for the government to set up a militia that would satisfy people's Second Amendment rights (the Swiss Militia would be the perfect model to use).
Setanta wrote:As for you continuing to insist about the National Guard not taking their arms home, and serving overseas, i will point out once again that you can readily prove your point by taking a case against the Dick Act to Federal Court, with the view to eventually convincing the Supremes of your argument.
Who's picking up my legal bills for taking such a case all the way to the Supreme Court?
Setanta wrote:Oralloy wrote:That is incorrect. The Tenth Amendment limits the federal government to only those powers that the Constitution enumerates for it.
No, you are incorrect. Once again, offering your opinion that the tenth amendment limits the United States to those powers
expressly granted to it by the Constitution does not constitute a valid statement from authority. I'll quote the tenth Amendment once again.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Powers reserved to the people can be granted to the Congress inferentially by the election of Representatives and Senators. Were the Congress prohibited from doing anything except what it were
expressly granted the power to do, the Constitution would say as much. It doesn't.
The Federalists were quite clear in their arguments that the federal government would be limited to only those powers that were granted to it. So even without the Tenth Amendment, there would be a rock solid case that the government was limited to only what was expressly granted to it.
Setanta wrote:Nor does the tenth amendment.
Actually, limiting the powers of the federal government in this way is the entire point of the Tenth Amendment.
The Anti-Federalists didn't trust the verbal guarantees of the Federalists, and insisted that the Constitution be amended to put the limits in writing.
Setanta wrote:As always, you are preaching your opinion as though it were settled fact.
I don't see how you can get any closer to settled fact than the principle that the federal government is limited to what powers are expressly granted to it. That is one of the basic principles of Constitutional law.
Setanta wrote:As for your claim that the ninth amendment grants to the people the right to carry arms for their self defense is not an answer to the denial on my part of your previous claim that the second amendment grants them that right. And, additionally, the text of the ninth amendment:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
--is not evidence that the people are entitled to exercise any "rights" they can dream up.
Yes, but I'm not referring to a right that was just dreamt up. I am referring to a right that existed in common law at the time the Ninth Amendment was passed, and which is thus protected by that amendment.
(I suspect the Supreme Court might claim this right is covered by the Second Amendment when they rule on Heller. We'll find out soon enough.)