Now, they're preaching to the choir here, but we'll have to wait and see what the Supremes do with this one. A real political hot potato, especially in an election year, so the Democrats will surely be heard from on this one.
I'm in favor of amending the Constitution, personally, as long and painful a process as that would be.
It'd be simple, however. The Second Amendment now reads "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." Since no one knows what "well-regulated"(*) nor "militia"(**) means these days, much less "the security of a free State", we'd merely edit it slightly, to clarify things once and for all:
"The right of the People to keep and bear arms shall not be infringed."
Seems clear and simple to me, anyway.
I can only imagine the screaming...
*well-regulated; it means to be well-trained, like a fine clock, regulated, and thus keeping good time. If you've ever seen 'Regulator' or 'Regulated' on the face of an old clock, that's what it meant. It doesn't mean 'overly burdened by stupid laws and regulations'.
**the militia is actually defined in the Constitution as "all able-bodied men between the ages of 18 and 45". It doesn't mean the National Guard, which didn't even exist in those days, nor anything other than every man able to come out of his house, armed, and help defend the country from invaders, domestic or foreign; they're also defined in the Constitution.
Everyone at the time knew, of course:
"I ask, sir, what is the militia? It is the whole people, except for a few public officials." George Mason, in Debates in Virginia Convention on Ratification of the Constitution, June 16, 1788
"The militia, when properly formed, are in fact the people themselves, ... all men capable of bearing arms;..." Letters from the Federal Farmer to the Republic, 1788
"Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom? Congress shall have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American ... The unlimited power of the sword is not in the hands of either the federal or state governments, but where I trust in God it will ever remain, in the hands of the People." Tench Coxe, 1788
From the Virginia submission to the Constitutional Debate of 1789: "a well regulated Militia composed of the body of the people trained to arms is the proper, natural and safe defence of a free State."
The House Committee Report, July 28, 1789: "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."
The House Committe Report, August 24, 1789: "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."
"...each and every able-bodied male citizen of the respective States, resident therein, who is or shall be of age of eighteen years and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia..."
"...every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of power and ball; or with a good rifle, knapsack, shot-pouch, and power-horn, twenty balls suited to the bore of his rifle, and a quarter of a power of power; and shall appear so armed, accoutred and provided, when called out to exercise or into service..."
"...the Vice-President of the United States, the Officers, judicial and executives, of the government of the United States; the members of both houses of Congress, and their respective officers; all custom house officers, with the clerks; all post officers, and stage-drivers who are employed in the care and conveyance of the mail of the post office of the United States; all Ferrymen employed at any ferry on the post road; all inspectors of exports; all pilots, all mariners actually employed in the sea service of any citizen or merchant within the United States; and all persons who now are or may be hereafter exempted by the laws of the respective states, shall be and are hereby exempted from militia duty..."
Ultimately, of course "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."
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