I suppose some would argue that the phrase..."shall not be infringed" means that laws regulating the types of arms legally available would be an infringement. I would argue that..."well regulated" means that every Tom, Dick and Harriet gun owner, should be regulated by laws that keep the general population safe.
After reading various articles that have to do with the meaning of the words contained in the Amendments to the Constitution, my conclusion is that the Amendment were not written to weaken the power of the central government to enact laws for the benefit of the country as a whole.
The Federalists, who favored a strong central government outmaneuvered the
Anti-Federalists, who favored non central governance.
Excerpts from the Chicago-Kent Law Review:
II. THE CONSTITUTION, THE MILITIA, AND THE NATIONAL ARMY
"The framers in Philadelphia gave Congress and the president shared responsibility for the ultimate control of the militia. They also gave state governments important responsibilities and powers in organizing and training militias, while at the same time taking ultimate authority from the states.
Article I of the Constitution gives Congress power to "declare War," "to raise and support Armies," to "maintain a Navy," to make "Rules for the Government and Regulation of the land and naval Forces," to "provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions," and "to provide for organizing, arming, and disciplining, the Militia." Furthermore, Article I declares that the states may not "keep Troops, or Ships of War in time of Peace." Article II makes the president of the United States the "Commander in Chief of the Army and Navy" and "of the Militia of the several States, when called into the actual Service of the United States." These provisions also contain two important limitations. Congress can only appropriate money for the military for two years, and the states retain the power to appoint all militia officers and to train the militia, provided this training complies with "the discipline prescribed by Congress."
Taken together, these provisions contemplated two levels of military protection for the new nation: (1) a national army created and governed solely by Congress and ultimately under the authority of the president in his capacity as commander in chief, and (2) a system of state militias, essentially organized and under control of the states, but subject to regulation by Congress and to "federalization" at the command of the president. Part of that regulation included the idea that the national government had the power¾and the obligation¾to provide arms for the local militias. As Rufus King [Page 205] explained at the Convention, "arming meant not only to provide for uniformity of arms, but included authority to regulate the modes of furnishing, either by the militia themselves, the State Governments, or the National Treasury." Thus, the defense of the United States would rely on both the state militias and the standing army."..........
"Clearly, supporters of the Constitution, who thoroughly dominated Congress in 1789 when the Bill of Rights was written, had no intention of undoing their handiwork with a series of debilitating amendments that would weaken the national government. They emphatically rejected attempts to undermine the power of the government to control weapons of war and to suppress a revolution. For example, they rejected a New Hampshire suggestion for an amendment to prohibit the creation of a standing army "in time of Peace unless with the consent of three fourths of the Members of each branch of Congress." Though the New York Antifederalists would have banned standing armies altogether, the First Congress would not accept such a limitation. It refused to compel the nation to wait until the rebellion had actually started before it could organize an army and step in to disarm another Daniel Shays."
It a long article, but worth the read if you want to take the time.
Edited by: COACHPENNY at: 2/11/2013 (11:17)
“A word to the wise ain't necessary, it's the stupid ones who need the advice.”
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