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April 17, 2005

Edit the 2nd Amendment

Now let's try it with the Second Amendment!

Our founding fathers were wonderfully brief in their written creations (not so in the conventions that led up to them) but perhaps that brevity has resulted in much of the arguing and court interpretations that have hounded our rights ever since then.

This is the second of a series of posts that will give you the chance to straighten things out. How? Let's think of this as an exercise in "alternate universes" where you are a member of that first Congress held in New York City in March of 1789. But, everyone speaks and writes as we do now.

Here is the original Second Amendment:


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.

You are designated to come up with the final wording of the amendments to our Constitution. Okay, do it.

A couple rules apply however: All of the amendments are one sentence long (albeit some are rather long sentences). For the purposes of this Second Amendment exercise, I'll allow your entry to be TWO sentences long but you are confined to a maximum of 75 words (total for both); the original is only 27 words long. How would you have worded the Second Amendment so that it couldn't be misinterpreted or could not have it's original meaning twisted by the courts? Would you add anything to it? Just fine tune it for clarity?

You need to get the following points across including:
1) Who is the Militia?
2) Who are the people?
3) What does it mean to "bear"?
4) Who is forbidden to?
5) Define "arms".
6) Should there be any regulation of this right?
7) Why are the people allowed to bear arms?

Think you can really cover all that in two sentences limited to a total of 75 words?

In this alternate universe you can pretend you are visionary and throw in clauses that might cover future developements in our society. Needless to say, your own idea of the original meaning will and should effect your new version.

I'd like to encourage readers from all sides of the political spectrum to participate. I'm not just looking for people who share my viewpoint. If you don't like guns or think they should be heavily regulated or for that matter banned from the hands of ordinary citizens, write your amendment to reflect that and then put your comments about your views following it. I would just ask that everyone respect each other's opinions. I'm not looking for flame wars although I certainly urge you to discuss each other's entries...

Here are a couple extreme examples: Someone who doesn't approve of guns might have composed the amendment thusly:


A well regulated army, being necessary to the security of a free State, the right of soldiers to keep and bear Arms, but only while serving, shall not be infringed too much. Ordinary civilians are prohibited from owning guns, knives, nail-clippers, or pork chops...

Well, you get the idea. Conversely, someone from my neck of the woods might have written it:

As the government must be kept in complete obedience to the ordinary citizen, and further, that citizens are responsible for their own protection, the right of the people to keep and bear Arms or explosives of any design and size, shall never be infringed in any way for any reason...

*Ahem* Well, that works for me... Certainly you can do comedy if you like but I'd also like you to provide serious entries that would simply attempt to clean-up the vagueness (real or perceived) of the original amendment so it isn't subject to continual debate of the intentions of it.

A note on comments: Blacklist is on so if your post gets bounced, look for words of a sexual, pharmaceutical or gambling nature as culprits. If you are still having trouble, just email your comment to me and I'll post it myself into the comments. Also, it is not necessary to use a real email address to post and nothing need be entered in URL.

We'll confine this post to the Second Amendment. The First is covered in the previous post and on Wednesday we'll tackle the Third (in case any of you have had to provide housing for soldiers...) and Fourth.

Good Luck and have fun!

Posted by Jeff Soyer at April 17, 2005 02:35 PM
Comments

As a strictly amateur weaspons-historial I would add that one of the most aurgued about terms in the Amendment doesn't mean now what it meant on the late 18th/early 19th centuries. "Well regulated" in those days referred to accuracy, proficiency and familiarity with arms when used in a military context; not laws, rules or practical regulations as commonly used today.

It was used in the context of rate-of-fire, dispersal of aim, and even the techniques of firing in ranks effectively. A somewhat modern use of the term today in-context would be a "well-regulated timepiece"; not a Zoning ordinance regulating land-usage. The Founders wanted Americans to be familiar and proficient in the use of firearms; even without formal military training. There is ample examples in many of their other writings...including Jefferson....of ther belive in the necessity of an armed civilian populace; both for civil defense against tyrannyand outlawness and for national defense against aggression.

The proponents of a disarmed America falsely use the "...well regulated Militia"-clause outside of it's historical and etylomological roots. They wish to convert "Citizens" into "Subjects".

Posted by: Ted B. at April 17, 2005 06:21 PM

Okay here's my $.02 & 26 words.

"No law abiding citizen shall be denied the ownership, use or carrying of arms for individual or the common defense at any time, for any reason."

Posted by: dave at April 17, 2005 06:34 PM

I'll drink to that, Dave!

Posted by: Mordrach at April 17, 2005 09:46 PM

"The militia, composed of every law abiding citizen, shall have the uninhibited right to possess and bear any and all arms and explosives at all times."

I might add to it: "These arms may be used against any legislator who would seek to mitigate this right."

Posted by: Matt at April 17, 2005 10:04 PM

Maybe the second could be worded similar to the first:

Congress shall make no law infringing the right of the people to keep and bear arms.

No confusing talk about "militia," nothing about "security," just asserting the freedom of the people to arm themselves.

Posted by: Matt at April 18, 2005 12:13 AM

This reminds me of the time or two I have posted more generically on what you would change if you were rewriting the Constitution, or writing a new one, today. Good topic.

The thing that seems clear is that intent and clarity must be built in, and nothing can be taken for granted. I think you'd have to use the simplest language possible, and at the same time have a glossary in an effort to archive current definitions with the document so it would be harder to twist, intentionally or not.

Posted by: Jay at April 18, 2005 12:26 AM

Kudos to you. Law abiding citizens are scrutinized to the till while the non-law abiding do what they want...and what does the anti gun libs say...it's the guns.

Posted by: cigars at April 18, 2005 02:05 AM

The people shall have the right to defensd themselves, their liberties, their property, and their fellow citizens, and to keep and bear such arms as are necessary and sufficient to defend against any threat, including the threat of any domestic tyranny, foreign power, pirate, brigand, or other criminal, or any other person or group of persons who threatens them. No person may be deprived of such rights without due process of law.

Posted by: happycynic at April 18, 2005 11:21 AM

Dave: the only comment I have against your statement is the phrase "law abiding". While I agree with the sentiment, it opens a hole that could be used to restrict ownership based on conviction for trivial offenses like jaywalking or parking violations.

I'm wondering, and this may be a wacky idea: rather than prohibit Congress from regulating arms, why not provide a Constitutional mandate for encouraging the possession and profiency in the use of arms? "Because a well-armed citizenry is key to defense against tyranny, aggression, and lawlessness, Congress shall encourage the manufacture, ownership, training, and possession of arms for personal and common defense." The wording isn't the greatest, but you get the picture. Is it the Swiss that issue a weapon to every adult male (probably females these days too) upon the completion of his (mandatory) service? Or did I just make that up?

Posted by: Brian St. Pierre at April 18, 2005 02:21 PM

A well practiced militia, comprising the whole of the citizenry, being necessary to the liberty of a free people, defense against both domestic tyranny and foreign invasion: The right of the people to arms, including the manufacture, sale, possession, transport, use and bearing of arms, shall not be licensed, restricted, or barred in any manner by any legislature, or agency of any governmental authority.

Notes: I see no reason to define arms, since this can be used to limit the type of arms in the future. Imagine the the current 2nd.A. specified flintlocks or Kentucky Rifles. If it gets so bad as to the need to define arms, the Ammendment is already being ignored and is either superflous to a cowed populace, or a revolution is about to occur.

Posted by: tomwright at April 18, 2005 06:00 PM

Brian: I had the same concerns re: "law abiding", but left it in as I don't really have an alternative.

I don't really have an answer, but as an aside, it's sad that we've gotten to a point where we have to worry about the GFW's definition of "law abiding".

tomwright: Good point re: "defining arms".
"when phazers are outlawed..."

Posted by: dave at April 18, 2005 11:09 PM

The government exists primarily for the defense of its citizens, but the people retain the primary right and responsibility of self-defense, so no law shall be made to limit or regulate ownership of guns and other weapons by individuals and groups.

Posted by: Jay at April 19, 2005 12:12 AM

I dunno, Matt, about explosives. I was only kidding about that. Then again, if they ban them, that could prevent reloading.

I agree about getting rid of "militia" since (as even Lawrence Tribe has come to realize) the 2nd Amendment is a personal right as are all the other amendments.

Posted by: Jeff Soyer at April 19, 2005 11:38 AM

My attempt:

The people have an absolute individual right to keep and bear arms.

The people have an absolute individual right to kill anyone who infringes on the absolute individual right to keep and bear arms.

Posted by: Kristopher Barrett at April 19, 2005 03:31 PM

If the right to keep and bear arms applies only to spark ignited charcoal burners, then freedom of the press applies only to hand set type with the output to be distributed by nothing faster than a man on horseback.

Posted by: triticale at April 19, 2005 10:52 PM
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