Brent's going to love this... 3742

The founders clearly did not intend to limit arms to be limited by government order, nor for government to control the "militia".

"The right to bear arms is general. It may be supposed from the phraseology of this provision that the right to keep and bear arms was only guaranteed to the militia; but this would be an interpretation not warranted by the intent. The militia, as has been explained elsewhere, consists of those persons who, under the laws, are liable to the performance of military duty, and are officered and enrolled for service when called upon.... If the right were limited to those enrolled, the purpose of the guarantee might be defeated altogether by the action or the neglect to act of the government it was meant to hold in check. The meaning of the provision undoubtedly is, that the people, from whom the militia must be taken, shall have the right to keep and bear arms, and they need no permission or regulation of law for the purpose. But this enables the government to have a well regulated militia; for to bear arms implies something more than mere keeping; it implies the learning to handle and use them in a way that makes those who keep them ready for their efficient use; in other words, it implies the right to meet for voluntary discipline in arms, observing in so doing the laws of public order." -- Thomas M. Cooley, General Principles of Consbreastutional Law, Third Edition 1898

"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 have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright 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." --Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788.

"What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms." -- Thomas Jefferson to William Stephens Smith, 1787. ME 6:373, Papers 12:356

"The right of the people to keep and bear ... arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country ..." -- James Madison, I Annals of Congress 434, June 8, 1789

"What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty .... Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins." -- Rep. Elbridge Gerry of Mbuttachusetts, spoken during floor debate over the Second Amendment, I Annals of Congress at 750, August 17, 1789

" ... but if circumstances should at any time oblige the government to form an army of any magnitude, that army can never be formidable to the liberties of the people, while there is a large body of citizens, little if at all inferior to them in discipline and use of arms, who stand ready to defend their rights ..." -- Alexander Hamilton speaking of standing armies in Federalist 29

"O sir, we should have fine times, indeed, if, to punish tyrants, it were only sufficient to buttemble the people! Your arms, wherewith you could defend yourselves, are gone ..." -- Patrick Henry, Elliot p. 3:50-53, in Virginia Ratifying Convention demanding a guarantee of the right to bear arms

"The people are not to be disarmed of their weapons. They are left in full possession of them." -- Zacharia Johnson, delegate to Virginia Ratifying Convention, Elliot, 3:645-6

"The militia is the natural defense of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpation of power by rulers. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of the republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally ... enable the people to resist and triumph over them." -- Joseph Story, Supreme Court Justice, Commentaries on the Consbreastution of the United States, p. 3:746-7, 1833

"And that the said Consbreastution be never construed to authorize Congress ... to prevent the people of the United States, who are peaceable citizens, from keeping their own arms.... " --Samuel Adams