Comments on: Gun Rights or Gun Wrongs http://blog.oup.com/2006/12/gun_rights_or_g/ Academic insights for the thinking world. Mon, 20 May 2013 14:53:39 +0000 hourly 1 http://wordpress.org/?v=3.4.2 By: alan http://blog.oup.com/2006/12/gun_rights_or_g/#comment-402 alan Tue, 19 Dec 2006 14:36:33 +0000 http://216.110.190.15/2006/12/gun_rights_or_gun_wrongs_will_the_courts_rewrite_the_second_amendment/#comment-402 the second amendment ABSOLUTELY AND CLEARLY STATES,BESIDES MILITIA, WHICH IS INTERPERETED AS ANY ABLE BODIED PERSON "AND" THE "PEOPLE" THE RIGHT TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED... I MAY NOT BE AN ENGLISH TEACHER BUT THAT STATEMENT IS ABSOLUTELY CLEAR TO ME... the second amendment ABSOLUTELY AND CLEARLY STATES,BESIDES MILITIA, WHICH IS INTERPERETED AS ANY ABLE BODIED PERSON “AND” THE “PEOPLE” THE RIGHT TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED… I MAY NOT BE AN ENGLISH TEACHER BUT THAT STATEMENT IS ABSOLUTELY CLEAR TO ME…

]]> By: Alex Novikoff http://blog.oup.com/2006/12/gun_rights_or_g/#comment-401 Alex Novikoff Tue, 19 Dec 2006 01:49:41 +0000 http://216.110.190.15/2006/12/gun_rights_or_gun_wrongs_will_the_courts_rewrite_the_second_amendment/#comment-401 “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.” The second amendment was a response to the Anti-Federalists’ concern that the constitution made the federal government too powerful. The Federalists argued that the American people would be armed; therefore they were not in any danger of being overthrown by a federally standing army. Thomas Jefferson was quoted saying, "When the government fears the people, there is liberty. When the people fear the government, there is tyranny,” Every right listed in the Bill of Rights is an individual right. Why would the second amendment differ? The November 2, 2001 case of U.S. vs. Emerson the Fifth Circuit Court of Appeals declared the right to bear arms was indeed an individual right. It proved that ‘the people’ meant all of the people in the United States and did not imply only those serving in the U.S. Military. In the Constitution the people always have rights and powers. The federal and state governments only have powers or authority, never rights. United States Code Title 10, Chapter, 13, Section 311 reads the following: Militia: composition and classes (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard. (b) The classes of the militia are: - (1) the organized militia, which consists of the National Guard and the Naval Militia; and -(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia. “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.”

The second amendment was a response to the Anti-Federalists’ concern that the constitution made the federal government too powerful. The Federalists argued that the American people would be armed; therefore they were not in any danger of being overthrown by a federally standing army. Thomas Jefferson was quoted saying, “When the government fears the people, there is liberty. When the people fear the government, there is tyranny,”

Every right listed in the Bill of Rights is an individual right. Why would the second amendment differ?

The November 2, 2001 case of U.S. vs. Emerson the Fifth Circuit Court of Appeals declared the right to bear arms was indeed an individual right. It proved that ‘the people’ meant all of the people in the United States and did not imply only those serving in the U.S. Military. In the Constitution the people always have rights and powers. The federal and state governments only have powers or authority, never rights.

United States Code Title 10, Chapter, 13, Section 311 reads the following:

Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are:

- (1) the organized militia, which consists of the National Guard and the Naval Militia; and

-(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

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