10 October 2009

Insurrection theory of the Second Amendment...

Yes, it is specifically mentioned that the militia's purpose is to suppress insurrections, not foment them in Article 1, Section 8, Clause 15:

"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"

Not to mention that congress has the power "to provide for organizing, arming, and disciplining the Militia, 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 Militia according to the discipline prescribed by Congress."

It is congress's power to arm the Milita that the Second Amendment addresses (look up the entire text of Patrick Henry's "Let every man be armed" speech, not the clip the "gun rights" crowd use). Also, check out this quote from Patirck Henry about Article I, Section 8, Clause 16: he wasn't talking about self-defence, let alone insurrection!

I would also add in Article III, Section iii:

"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort."

To prove that the insurrection theory of the Second Amendment is sheer rubbish.

The problem with the Second Amendment "gun right" theory is that it divorces the Second Amendment from the Constitution, the inconvenient text of the Amendment relating to the militia, and reality.

The Consitution must be read as a whole, not pick and choose.