Claeyt wrote:Actually that's completely false.
If anyone else is interested, no, it's not. There WAS a lot going on though, and the first proposal of the Bill of Rights (proposed by Mason, not Madison, I did missremember that one) was voted down for the reasons I gave. Also, because they naively thought the federal government would not try to grant itself powers not mentioned in the constitution. More realistic heads prevailed, and Madison did become instrumental in getting the Bill of Rights added.
9 states did ratify the Constitution without a Bill of Rights, though most of them strongly recommended adding one. However, when it was ratified, the Constitution ONLY became law FOR those 9 states. The others still had to agree and if they hadn't there would have been problems. Especially since New York and Virginia, two of the largest states, were among the four holdouts who insisted on a Bill being guaranteed to be added before they would sign.
Yeah, the number of amendments proposed varied up and down a lot before they were added, but it did end up at 10, with another being rejected but eventually added 200 years later.
Claeyt wrote:They were not talking at all about "keeping the States Free" from the federal government. They were talking about maintaining the States' control over a standing Militia instead of it being organized and regulated by the federal government.
They were worried about keeping State control over a militia that isn't controlled by the federal government precisely because they were worried about keeping the States and the people in general from being oppressed by the federal government.
Claeyt wrote:False. That is not very clear. In fact that's about the most unclear part of that amendment. 'people' does not mean an individual in these case following the amendment as written since Militia refers to the plural. Most individual rights within the Bill of Rights use the singular.
Aaaactually no. 'The people' is used here, and in Amendments 1, 4, 9 and 10. All referring to people in general, but also in the specific. Others say things like 'any person' or don't have the words people or person at all because it is implied. It means, in every case, both the individual person, and any group of people and any subset of groups of people. You really can't have 'people' as a group without said group being made up of individual persons. I really don't understand what you are trying to argue at this point.
Claeyt wrote:This is what the House passed as the 5th Article within the amendments towards a 'Bill of Rights'.
"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."
It was changed in the congressional committee to the Senate version:
"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."
This demonstrates that conscientious objection was originally going to be a protected right, and then was edited out. Sad. This edit did nothing but allow for a forced draft.
Claeyt wrote:The absolutely warped 5-4 decision in 2008 defining it as an individual right was the culmination of this work by the NRA and other right wing groups. Most legal scholars expect it to be challenged and changed in our lifetimes.
And yet it still makes no difference as the ability to be part of a militia demands the ability to have access to weapons for use in said militia.
Claeyt wrote:The second amendment was never about protection of the individual. Nowhere in it does it mention protection of the individual.
I totally agree and that was the basis of my whole argument which you just quoted and claimed false because... you agree with me.
Claeyt wrote:YOU SHOULDN'T BE THREATENING ARMED REVOLT TMEOW
I'm not planning on it, the federal government isn't that bad yet, but I do have the right. Thanks, Second Amendment.