A very well researched article on history and context of 2nd Amendment

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  • danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Ironic that it's written by a former Brit:**

    Surely, the 2nd amendment is something about state militias and a federal army, right???


    The Truth about the Second Amendment
    https://www.nationalreview.com/magazine/2018/08/27/the-truth-about-the-second-amendment/

    Coxe’s understanding was common. In his 1803 edition of Blackstone’s Commentaries, the jurist St. George Tucker proposed that Americans “may reasonably hope that the people will never cease to regard the right of keeping and bearing arms as the surest pledge of their liberty,” and recorded that in America “the right of the people to keep and bear arms shall not be infringed; . . . and this without any qualification as to their condition or degree, as is the case in the British government.” The Second Amendment, Tucker suggested, was “the true palladium of liberty.”

    good reminder, the RKBA was abridged severely in Texas of all places for a long time starting 1871. So there is hope for Maryland. Everything comes to MD last.

    In 1859, before the Civil War, the Texas supreme court had ruled in Cockrum v. State that both the Second Amendment and its equivalent in the state constitution protected an “absolute” right to keep and bear arms. “A law cannot be passed to infringe upon or impair it,” the court determined, “because it is above the law, and independent of the law-making power.” In 1871, however, the same court — with some of the same members! — argued precisely the opposite when upholding a law that made it illegal for any Texan to carry “on or about his person, saddle, or in his saddle-bags, any pistol.” Nothing had changed in the text in the interim. How powerful a force is motivated reasoning.

    For a while, such reasoning prevailed. But as with all great untruths, it was eventually done in by the weight of its contradictions and the scale of its delusions. The aberration in American history was not Heller but what immediately preceded Heller and passed for academic scholarship and judicial rigor in the middle of the 20th century.

    **Cooke grew up in Hemingford Abbots, a small village outside of Cambridge, England, and emigrated to the United States in 2011.He became a naturalized American citizen on February 23, 2018.[https://en.wikipedia.org/wiki/Charles_C._W._Cooke
     

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