Madison's original text for the second amendment.

MaraD · Dec 9, 2014

http://www.constitution.org/bor/amd_jmad.htm

James Madison originally proposed 20 amendments to the Constitution as the Bill of Rights. 10 were initially adopted by Congress and two were later adopted. His original text for what became the second amendment is very revealing of his views on the right to keep and bear arms.

“The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.”

Seems to me the whole militia clause originally applied to conscientious objectors, and had nothing to do with the right of the people to keep and bear arms.

Boom Boom · Dec 9, 2014

More importantly, militia do not have inalienable rights. The Bill of Rights pertains strictly to the inalienable rights and freedoms of each individual.

teratos · Dec 9, 2014

There really is no "militia clause". One of the huge mistakes people make is reading it in colloquial (21st century) terms and thinking it means exactly the same thing. While it does mean what it says, there are some important points to consider.

In the 17th and 18th centuries, laws were written with a prefatory clause and an operative clause. The prefatory clause was to give an example of why the law is being written. It is not the only thing the law is meant to encompass. The operative clause of the amendment is what needs to be focused on. It can be read by itself, without the prefatory clause, and still convey the intention.

The Right of The People to keep and bear arms shall not be infringed.

That is really all you need to know.

MaraD · Dec 9, 2014

Boom Boom said:
More importantly, militia do not have inalienable rights. The Bill of Rights pertains strictly to the inalienable rights and freedoms of each individual.

I agree. Both clauses of this proposed amendment clearly dealt with personal rights.

Mark75H · Dec 9, 2014

Wasn't the Bill of Rights originally in the early drafts of the constitution, but eliminated to make the original constitution quicker and easier to get ratified?

SRD · Dec 9, 2014

Mark75H said:
Wasn't the Bill of Rights originally in the early drafts of the constitution, but eliminated to make the original constitution quicker and easier to get ratified?

I believe so,IIRC the actual Bill of Rights was added 4-5 yrs. later.

Afrikeber · Dec 10, 2014

teratos said:
There really is no "militia clause". One of the huge mistakes people make is reading it in colloquial (21st century) terms and thinking it means exactly the same thing. While it does mean what it says, there are some important points to consider.

In the 17th and 18th centuries, laws were written with a prefatory clause and an operative clause. The prefatory clause was to give an example of why the law is being written. It is not the only thing the law is meant to encompass. The operative clause of the amendment is what needs to be focused on. It can be read by itself, without the prefatory clause, and still convey the intention.

The Right of The People to keep and bear arms shall not be infringed.

That is really all you need to know.

Clearly defined and explained.

Boondock Saint · Dec 10, 2014

Mark75H said:
Wasn't the Bill of Rights originally in the early drafts of the constitution, but eliminated to make the original constitution quicker and easier to get ratified?

Jefferson's draft and the revisions agreed upon by him, Adams and Franklin before going to the full Constitutional Convention did not include a bill of rights. The Bill of Rights came into being four years later, and that only after strenuous debate. Many of the founders believed that the BoR would eventually be seen as the only rights actually guaranteed by the government, when their intent was to merely reinforce them in writing, presupposing that all of our rights were of course inherent. Others believed that our rights would be stripped away absent a list specifically protecting them.

Madison's original text for the second amendment.

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