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Forwarded message:
From:	butterb@connecti.com (Bill Utterback)
To:	piml@mars.galstar.com
CC:	tab@hollyent.com
Date: 96-10-01 18:05:57 EDT



The Second Amendment to the United States Constitution:

"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." 

Expanded version:

"A well regulated (well trained and well organized) Militia,
being necessary to the security of a free State (secure from
external invasion, secure from internal disorder, and secure from
an unconstitutional federal government gone out of control,) the
right of the people (all individuals) to keep and bear Arms (of
any type, especially military type weapons,) shall not be
infringed" (not interfered with the least little bit.)

Note that it is the "people" who keep and bear arms to form the
"militia".  The reason why the second amendment was written to
specify that the people retain the right to keep and bear arms to
form the militia is to prevent the government from forming a
"select militia" such as the National Guard and disarming the
people under the false pretense that the select militia was the
only militia.  The federal government operates with the authority
delegated to it by the people through the Constitution.  The
federal government has NO AUTHORITY and NO PROPER POWER to do
ANYTHING when the authority to do that has not been specifically
delegated to the government.

The Bill of Rights grants no rights, but acts to prevent the
government from interfering with the pre-existing rights of the
people.  The Second Amendment states that "the right of the people
to keep and bear arms shall not be infringed."  This means that
ALL of the people have the right to keep and bear arms OF
UNLIMITED TYPES and especially of military types since the Second
Amendment, after all, is talking about militia.  "Not be
infringed" means not to be limited or interfered with the LEAST
LITTLE BIT.  The government has NO AUTHORITY to limit or regulate
arms of the militia or arms of the people - militia and people
meaning the same thing.  The term "well regulated" in the Second
Amendment means well trained and well organized, such training
and organization now being the responsibility of the people and
sometimes delegated to state governments by the people.  It is
the people, acting as the militia, who provide the ultimate
security of a free State.

The term regulated is commonly used today to mean governed or
controlled, however, the phrase "well regulated" as used in the
Second Amendment and commonly used in the 18th century when the
document was drafted, means well maintained, well trained, or
well tuned --  in other words, kept regular. It did not refer to
congressional control or management of the militia. For such a
result would effectively turn the militia into a mere tool of the
federal government and defeat the very purposes of the Second
Amendment, which included preventing the government from keeping
a large standing army, and providing a check against an
oppressive government.  The word "regulated", as used at the
time, meant simply "to make regular."  It had nothing to do
with government regulations as we know them today.  A current
word of similar meaning is "standardize."  If the militia is
standardized, the militias of the several states are trained and
organized to meet a common standard of combat readiness.  The
Constitution in 1.8.16 calls for Congress to provide the
standardized "discipline" for the state militias.  At one time
the Militia Act provided that common discipline, but it has long
since been repealed.  

The following are some examples of the term "well regulated"
given by the Oxford English Dictionary: 1709 "If a liberal
Education has formed in us ... well-regulated Appetites, and
worthy Inclinations."; 1714 "The practice of all well-regulated
courts of justice in the world."; 1812 "The equation of time...is
the adjustment of the difference of time, as shown by a
well-regulated clock and a true sun dial."; 1848 "A remissness
for which I am sure every well-regulated person will blame the
Major."; 1862 "It appeared to her well-regulated mind, like a
clandestine proceeding."; 1894 "The newspaper, a never wanting
adjunct to every well-regulated American embryo city."

Under Article I, Section 8 of the Constitution, the federal
Congress has been delegated the power "to provide for calling
forth the militia to execute the laws of the union, suppress 
insurrections and repel invasions; to provide for organizing, 
arming, and disciplining, the militia, and for governing such
part of them (note the use of the plural 'them', indicating an
understanding that the militia is composed of the plural people)
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 militia according to the discipline
prescribed by Congress;"  Since the federal government has sadly
neglected the training of the militia and there is currently no
discipline prescribed by Congress, those functions fall back upon
the ultimate authority, the people, and their agents, the state
governments.  The federal government is supposed to be
responsible for arming the militia, but there is nothing in the
above to suggest any power to limit types of militia weapons -
especially since such a limitation would be in direct violation
of the Second Amendment.

Modern militia units, publicly formed as are units of the Texas
Constitutional Militia, are unquestionably Constitutional and
lawful.  Current federal law states that all males ages 17 to 45
compose the unorganized militia, but this limitation applies only
when militia units are called up for federal service.  State age
and gender requirements vary - Texas, for example, has no age or
gender limitations for Texas militia units.  Also, in Texas the
power to organize and discipline the militia remains with the
people since the section in the Texas Constitution delegating
that authority to the Texas Legislature was rescinded by the vote
of the people.

Here are a few pertinent quotes:

     "On every question of construction (of the Constitution)
     let us carry ourselves back to the time when the
     Constitution was adopted, recollect the spirit manifested in
     the debates, and instead of trying what meaning may be
     squeezed out of the text, or invent against it, conform to
     the probable one in which it was passed".
     (Thomas Jefferson, letter to William Johnson, June 12, 1823,
     The Complete Jefferson, p322.)

     "The signification attributed to the term, Militia, appear
     from the debates in the Convention, the history and
     legislation of Colonies and States, and the writings of
     approved commentators.  These show plainly enough that the
     Militia comprised all males physically capable of acting in
     concert for the common defense... And further, that
     ordinarily when called for service these men were expected
     to appear bearing arms supplied by themselves and of a kind
     in common use at the time." US Supreme Court, US v Miller

     "I ask, sir, what is the militia?  It is the whole people
     except for a few public officials." (George Mason, 3
     Elliott, Debates at 425-426)

     "A Militia, when properly formed, are in fact the people
     them-selves...and include all men capable of bearing arms".
     (Richard Henry Lee, additional letters from the Federal
     Farmer. 1788 at 169).     

     "No free government was ever founded, or ever preserved its
     liberty, without uniting the characters of the citizen and
     soldier in those destined for the defense of the state...
     Such are a well-regulated militia, composed of the
     freeholders, citizen and husbandman, who take up arms to
     preserve their property, as individuals, and their rights as
     freemen" (Richard Henry Lee)
 
     "THE Right of the people to keep and bear...arms shall not
     be infringed. A well regulated militia, composed 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)

     "THE power of the Sword, say the minority of Pennsylvania,
     is in the hands of Congress. My friends, and countrymen, it
     is not so for THE POWERS OF THE SWORD ARE IN THE HANDS OF
     THE YEOMANRY OF AMERICA FROM SIXTEEN TO SIXTY. The militia
     of these commonwealths, entitled and accustomed to their
     arms, when compared with any possible army, must be
     tremendous and irresistible. 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 government, but, where
     I trust in God it will ever remain, in the hands of the
     people"  (Tench Coxe, Pennsylvania Gazette, Feb. 20, 1788)

     "IT is asserted by most respectable writers upon our
     government, that a well-regulated militia, composed of the
     yeomanry of the country, have ever been considered as the
     bulwark of a free people.  Tyrants have never placed any
     confidence on a militia composed of freemen"  (John Dewitt)    

     "AS civil rulers, not having their duty to the people duly
     before them, may attempt to tyrannize, and as the military
     forces which must be occasionally raised to defend our
     country, might pervert their power to the injury of their
     fellow citizens, the people are confirmed by the article in
     their right to keep and bear arms".  (Tench Coxe in "Remarks
     On The First Part Of The Amendments to The Federal
     Constitution".  Under the pseudonym "A Pennsylvanian", in
     the Philadelphia Federal Gazette, June 8, 1789, at 2 col.
     1.)

     "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 Massachusetts, 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.)
           
     "Before a standing army can rule, the people must be
     disarmed; as they are in almost every kingdom of Europe.
     The supreme power in America cannot enforce unjust laws by
     the sword; because the whole body of the people are armed,
     and constitute a force superior to any bands of regular
     troops that can be, on any pretense, raised in the United
     States" (Noah Webster in a pamphlet aimed at swaying
     Pennsylvania toward ratification)

     "And what country can preserve its liberties, if its
     rulers are not warned from time to time that this people
     preserve the spirit of resis-tance?  Let them take arms....
     The tree of liberty must be refreshed from time to time,
     with the blood of patriots and tyrants.  It is its natural
     manure." (Thomas Jefferson)


for Liberty,
Bill Utterback
co-founder, Texas Constitutional Militia 


