Monday, October 10, 2016

Breakdown of the Second Amendment by Clause

"Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the the people to keep and bear arms, shall not be infringed."
-Bill of Rights

Clause One- "A well regulated militia,"
The national guard is not the militia.  They are a reserve subset of the US Army, etc. that can act as a militia but a true militia is not something levied by the state.  A militia is a group of private citizens forming a unit voluntarily and with their own arms.

Clause Two- "being necessary to the security of a free state"
The foremost and primary role of the the second amendment is to safeguard liberty.  A disarmed people is enslaved to those in power, i.e. the state has guns.  Self-defense, sport, and hunting are benefits of the second amendment  but not why it was included in the Bill of Rights.

Clause Three- "the right of the people to keep and bear arms"
Because of the prior clause, citizens must be allowed to freely purchase and own arms that are equal to those possessed by the military of the day.  This includes all small arms and potentially artillery, etc.  Will most people be able to buy tanks? No. The owning of any type of arm comes with the caveat of obedience to the law.  Violation of the common law with such weapons will be responsible for their actions. I.E. murder, theft, destruction of private property is illegal.

Clause Four- "shall not be infringed"
This part is rather straight forward.  This states that the government cannot violate any of the first three clauses.  At the same time the three prior clauses are what ensure clause four is upheld.

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