Bazbo wrote:
Can you specifically cite where in Heller where Scalia wrote that the citizens have the right to own weapons comparable to the military? Its been a long time since I have read the entire opinion, but I don't recall that. In fact, what I recall is just the opposite--the opinion being abut hand guns and not tanks and machine guns. And Scalia affirmed the rights of states and localities to enact firearm regulation.
Also, a little historical perspective. For the entire nations history, up to Heller, the judicial consensus about Number Two is that it was restricted to the m*****a part and not an individual right.
Going back further to Federalist 29, an individual right is not mentioned, although it is fair to assume that it was understood in that nearly every man in the Colonies had a musket.
https://avalon.law.yale.edu/18th_century/fed29.aspCan you specifically cite where in Heller where Sc... (
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The text of Federalist #29, while not specifically referring to individuals, is obviously meant as an explanation of an individual right, since m*****a meant the collection of able-bodied men to answer a call to arms.
The state m*****as in the aggregate were already accounted for within Article II, Section 8, Clauses 13 & 14 -
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To provide for calling forth the m*****a to execute the laws of the union, suppress i**********ns and repel invasions;
To provide for organizing, arming, and disciplining, the m*****a, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the m*****a according to the discipline prescribed by Congress;
The Bill of Rights, through the 2nd Amendment guaranteed the right of the
individual to keep and bear arms. The remainder of the Bill of Rights, in every instance guarantees the rights of the individual. Even the 9th & 10th Amendments speak to limiting the government's power.
Further, the right to keep and bear arms in one's own defense long precedes the U.S. Constitution, and was long recognized as a basic human right.
Why would Madison suddenly veer from individual rights, to aggregate rights of m*****as? Madison's original phrasing of the 2nd Amendment stated:
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The right of the people to keep and bear arms shall not be infringed; a well-armed and well-regulated m*****a being the best security of a free country.
Even alllowing for rephrasing, it's highly unlikely that Madison suddenly swerved to aggregate rights.
You're also misstating the definition of a "musket". Musket is a term for shoulder arms for the army. It is not a specific type of firearm. M*****as would not have standardized firearms such as the British Brown Bess, or the French Charleville. Adding "musket" to either of these shoulder arms is an oxymoron. The colonists, later the states, m*****as had a hodgepodge of arms, some smooth-bore, some rifled. There were also fowling pieces, usually .62 caliber which doubled as a shotgun (near today's 20 gauge). The m*****a members supplied their own arms, and enough shot/ball and powder as required by their own regulations. M*****as in Pennsylvania had members who used rifles built in various configurations depending on the county where gunsmiths plied their trade.