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Old January 4, 2013, 09:33 AM   #38
Hugh Damright
Senior Member
Join Date: June 5, 2004
Posts: 611
James Madison of Virginia (an original signer of the Constitution and the fourth President) is generally credited as being the "father" of the Bill of Rights. These rights include the 2nd. The state constitution of his state had the following in it on this matter...

"The right of the People to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country; but no person religiously scrupulous of bearing arms shall be compelled to render military service in person."
Let's not rewrite history. The 1776 Virginia Declaration of Rights did not declare that the right of the people to keep and bear arms shall not be infringed, it said:

"That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and be governed by, the civil power".

Blackstone discusses the right to keep & bear arms as follows..... "individual gun ownership is to serve as the final safeguard when the government fails to protect the rights of the people."
Blackstone also said that "To prevent the executive power from being able to oppress ... it is requisite that the armies with which it is entrusted should consist of the people, and have the same spirit with the people; as was the case at Rome, till Marius new-modelled the legions by enlisting the rabble of Italy, and laid the foundation of all the military tyranny that ensued. Nothing then, according to these principles, ought to be more guarded against in a free state, than making the military power, when such a one is necessary to be kept on foot, a body too distinct from the people. ".
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