Tuesday, September 25, 2018

Second Amendment

This was the text of a possible amendment, when they were writing the Constitution and Bill of Rights, approved by the Senate.

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.

Here what the House came up with.

A well regulated militia, composed of the body of the People, being the best security of a free State, the right of the People to keep and bear arms, shall not be infringed, but no one religiously scrupulous of bearing arms, shall be compelled to render military service in person.

 They settled on the Senate version in conference, obviously, and that is the 2nd Amendment.

But what if they chose the House version?

The wording shows where the Framers' heads were.  The anti-gun types would have to alter their argument saying "it just means the States have a right to have a National Guard."  Because our side would note that People is capitalized now, so less collective.    Yeah, right

But drop the Quaker conscience, religious exemption bit and it's just:

A well regulated militia, composed of the body of the People, being the best security of a free State, the right of the People to keep and bear arms, shall not be infringed
 
Do a bit more algebra and the difference is:

composed of the body of the People, being the best security of a free State,

versus

being necessary to the security of a free State,


It comes down to economy of words at that point.  Best vis Necessary.  Dropping the 'People' bit as assumed redundant, maybe?

3 comments:

Unknown said...

I had not seen this before, or if I had I do not remember it. Do y'all have a cite to support what you have posted? Thank you.

Unknown said...

Here is a link to what is likely the best explanation. It is an extraction from Madison's proposed amendments.
https://constitution.org/mil/militia_debate_1789.htm

Here is the full text of Madison's proposals. It is a pdf from the Nat'l Archives.
https://www.archives.gov/files/legislative/resources/education/bill-of-rights/images/handout-2.pdf


Rick

New Jovian Thunderbolt said...

https://en.wikipedia.org/wiki/United_States_Bill_of_Rights#Crafting_amendments