The Soapbox

Joey Wahoo

Joined: 10/18/1998 Posts: 698
Likes: 842


Yes. All derive from and are attendant to natural rights, as opposed...


...to legal rights. At least that's my understanding, but I don't claim to be an expert on the subject.

The 2A could not have been referring to any legal or statutory right.

Blackstone identifies the source of the right to keep and bear arms as natural law in his commentary on the English Bill of Rights:

"The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute I W. & M. st. 2. c. 2. and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression."

In any event, not looking for an argument. Just responding to the claim that the 2A "empowered" the states to keep militias.

Of course none of this forecloses reasonable discussion on the definition of the limits of the right. But it seems to me the focus should be on the word "arms" rather than on "militia" or "people."

(In response to this post by WahooRQ)

Posted: 06/15/2017 at 06:36AM



+1

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Current Thread:
 
  
Rand Paul June 2016 tweet -- hooshouse 06/14/2017 4:24PM
  He is right. Thats the 2nd in a nutshell. -- psychobilly 06/14/2017 5:13PM
  You are free to drill as you wish. ** -- hoothat 06/14/2017 11:04PM
  You mischaractarize statements -- hoothat 06/14/2017 11:28PM
  No you did not. -- hoothat 06/15/2017 11:53AM
  You claimed you asked a question you did not -- hoothat 06/15/2017 12:08PM
  You used to be cool -- hoothat 06/16/2017 1:37PM
  Hard to answer a question not asked. ** -- hoothat 06/15/2017 12:02PM
  Remember Scooby Doo? -- WahooRQ 06/15/2017 09:14AM
  Lol ** -- hoothat 06/15/2017 12:00PM
  Can't even have one day ** -- dajoka004 06/14/2017 4:54PM
  Now you're going to year old tweets too? ** -- Hoodafan 06/14/2017 4:26PM
  Thoughts on the tweet or just me? ** -- hooshouse 06/14/2017 4:30PM
  Militia refers to all citizens. ** -- JMHoo 06/14/2017 6:28PM
  I've NEVER heard that interpretation. Link? -- Hoocinogenic 06/14/2017 6:55PM
  ...Is this TIC? ** -- hoothat 06/14/2017 7:06PM
  You're serious. -- hoothat 06/14/2017 7:36PM
  There are two seperate statements there, buddy. -- hoothat 06/14/2017 10:11PM
  If it's clear, then define "Arms" -- hoothat 06/15/2017 11:56AM
  Why wouldn't it -- hoothat 06/14/2017 9:18PM
  Where can I buy my tank? ** -- Hoocinogenic 06/14/2017 9:34PM
  You actually can own a tank. ** -- hoothat 06/14/2017 10:07PM
  Not that can fire. ** -- Shenhoo 06/14/2017 10:18PM
  And? he asked where to buy a tank. -- hoothat 06/14/2017 10:22PM
  Where did you get the idea -- hoothat 06/14/2017 10:31PM
  From your confused slobberings above. ** -- Shenhoo 06/14/2017 10:35PM
  ? -- hoothat 06/14/2017 10:37PM
  They owned ships with multiple cannons... -- hoothat 06/14/2017 10:58PM
  Merchants..... -- hoothat 06/14/2017 11:22PM
  They were privateers. -- Chuck Taylor 06/15/2017 10:37AM
  ....and? -- hoothat 06/15/2017 11:33AM
  ...regulated. -- hoothat 06/16/2017 01:34AM
  It seems you're ignorant of history. ** -- Hoocinogenic 06/14/2017 8:03PM
  Yeah that's it. ** -- hoothat 06/14/2017 9:07PM
  Then it definitely doesn't refer to all citizens. -- Hoocinogenic 06/14/2017 7:26PM
  Snopes? lol ** -- hoothat 06/14/2017 7:38PM
  You're just brainwashed. ; ) ** -- Hoocinogenic 06/14/2017 8:10PM
  I heard it from some guy named Nino. ** -- JMHoo 06/14/2017 7:00PM

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