On the original meaning of the 2nd Amendment Henry E. Schaffer [EMAIL PROTECTED] "Whereas in all well regulated Governments, it is the indispensable duty of every Legislature to consult the Happiness of a rising Generation, and endeavour to fit them for an honorable Discharge of the Social Duties of Life, by paying the strictest attention to their Education." These resounding words were the opening of a November 12, 1789 Act of the North Carolina Legislature which was passed on December 11, 1789 and which chartered the University of North Carolina. Noting that this Act was contemporaneous with the Bill of Rights (which was transmitted to the state legislatures on September 25, 1789) and that the North Carolina Legislature was active at that time, North Carolina being one of the original 13 states, let us pay particular attention to the usage of the words "well regulated" found both in this Act and in the 2nd Amendment of the BoR. The use of "well regulated" in this act can shed some light on the meaning of the 2nd Amendment. The 2nd Amendment reads: "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." The debate between the collectivist and the individualist interpretations of the 2nd has often focused on the meaning of "well regulated" in the opening phrase "well regulated Militia". The collectivists claim this this refers to a Militia which is tightly controlled by the government, deducing this from the etymology of "regulated" which relates to "ruled". However, this ignores the usage of the word "regulate" in which the "rule" refers to the proper operations of a device rather than to man-made laws. We still see this in the word "regular", which in many contexts means "properly operating." Let me give two examples of usage of the word "regulate" which have been in existence for quite a long time and which have the same "properly operating" interpretation. 1) Horology: The adjustment of a portable timepiece so it will keep time in the different positions in which it may be carried and kept (and perhaps at the different temperatures which it may encounter.) A (mechanical) wrist-watch which has been so designed and adjusted is said to be "regulated" and likely has this word stamped or engraved on its back-plate. 2) Firearms: The adjustment of a multi-barrel firearm (e.g., a double barrelled shotgun) so that the barrels shoot to the same point-of-aim. If such a gun (a double-barrelled shotgun or a three barreled "drilling") fails to shoot properly, it is considered to be "out of regulation" and needs to be "re-regulated". Both of these uses have meanings *related* to the "to rule" of man- made laws, but are more in the nature of "to adjust to or to be in a state of proper functioning". So a "well regulated watch" or a "well regulated double barreled shotgun" both would have meaning of "having been put into properly functioning condition". From my reading of material from the colonial era, I have come to understand that "well regulated militia" had a meaning at that time (ca. 1789) in the nature of "a properly functioning militia" - which would mean something along the lines of a properly trained and equipped militia (since it was common at that time for militiamen to bring their own firearms, with which they were already proficient.) In an earlier use (1698), Andrew Fletcher does not directly define "well regulated" but contrasts it with "ill-regulated", a phrase with the opposite meaning. He says, "For this reason I shall examine, by what has passed of late years in these nations, whether experience have convinced us, that officers bred in foreign wars, be so far preferable to others who have been under no other discipline than that of an ordinary and ill-regulated militia; ..." This appears to define "ill- regulated" as "lacking in experience", and therefore to use "well- regulated" as "experienced", with the implication in this context of functioning properly in action so as to result in competent officers. The language of the NC Legislature in 1789 strengthens this interpretation. What can "well regulated Governments" mean other than "properly functioning Governments"? Surely it didn't and couldn't refer to a government under the control of man-made laws, for it is the Legislature itself which makes these laws, and it would neither be noble nor sensible for the Legislature to be proclaiming that it is controlling itself. An additional contemporaneous document which exhibits the same meaning is the Federalist Paper #29, in which Hamilton is discussing the composition of the militia and says, "To oblige the great body of the yeomanry, and of the other classes of the citizens, to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to_acquire_the_degree_of_ perfection_which_would_entitle_them_to_the_character_of_a_ well- regulated_militia, would be a real grievance to the people, and a serious public inconvenience and loss." (emphasis added) Note that "well-regulated" clearly refers to how well the militia functions and how well trained are the militia members. It does not refer at all to the degree to which the government controls the militia or the members of the militia. This interpretation is also borne out by some old or obsolete definitions in the Oxford English Dictionary. "Regulated" has an Obsolete definition (b) "Of troops: Properly disciplined" and then "discipline" has a definition (3b) applying to the military, "Training in the practice of arms and military evolutions; drill. Formerly, more widely: Training or skill in military affairs generally; military skill and experience; the art of war." The "people" have the 2nd Amendment right, not the militia. Today many people make a large distinction between the two groups, perhaps confusing "militia" and "Army". The militia is more inclusive, including the Armed Forces, the National Guard and the unorganized component described in the U.S. Code as "The militia of the United States consists of all able-bodied males at least 17 years of age and, except [for felons], under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States..." The age and gender restrictions might be challenged today as discriminatory. The historical basis for a more inclusive definition includes the U. S. Supreme Court statement that "It is undoubtedly true that all citizens capable of bearing arms constitute the reserved militia force or reserve militia of the United States as well as the States; ..." From this we see that the mention of the militia does not conflict with the individualist interpretation. The right is pre-existing as can be seen directly in the wording of the 2nd Amendment (shared with the other portions of the Bill of Rights) which confirms a right, rather than grants a right. This has been understood since before ratification, when Hamilton argued in Federalist Paper #84 that a bill of rights was unnecessary in our Constitution since the relevant powers to restrict these rights had not been granted to the government. Therefore I conclude that the meaning of the 2nd Amendment is, "A properly functioning Militia is necessary to the security of a free State; therefore the (pre-existing) right of the people to keep and bear Arms shall not be infringed." References: Act of NC Legislature of Nov. 12, 1789 - Legislative Papers, H. of C., 1789, AH. Cited in A Documentary History of The University of North Carolina 1776-1799 Compiled and Annotated by R. D. W. Connor The University of North Carolina Press 1953. Volume 1, page 23. Original Charter of the University, December 11, 1789, An Act to Establish a University in this State. N. C. Laws, 1789, S. R., XXV, Chap. XX, 21-25. Cited in Connor (1953) Volume 1, page 34. Federalist Papers #29, 84 Fletcher, Andrew, A DISCOURSE OF GOVERNMENT With relation to MILITIA'S, Edinburgh, 1698. Reprinted in Andrew Fletcher of Saltoun Selected Political Writings and Speeches, David Daiches, Scottish Academic Press 1979, Edinburgh Oxford English Dictionary, Second Edition, 1989. United States Code, Title 10, Section 311(a) Supreme Court, Presser v. Illinois 116 U.S. 252 -end article- --------------- "Who are the militia? Are they not ourselves? 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." -Tench Coxe in The Pennsylvania Gazette, Feb. 20, 1788 ------------ "A militia when properly formed are in fact the people themselves ... and include all men capable of bearing arms. . . To preserve liberty it is essential that the whole body of people always possess arms ... The mind that aims at a select militia, must be influenced by a truly anti-republican principle." -Richard Henry Lee, founding father *********************[EMAIL PROTECTED]******************** The Patriot Resource Center: http://www.geocities.com/CapitolHill/6627/ Online Patriot Internet Radio: http://www.geocities.com/aresister_2000/ Patriot Message Board: http://pub11.ezboard.com/bthepatriotmessageboard **********************Live Free or Die!*********************<>< <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, misdirections and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. 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