Gun Control & RKBA
In reply to the discussion: 2nd Am history: Until 1959, every law review article concluded it didn't guarantee an individ right [View all]jimmy the one
(2,720 posts)guillaume: The reason that early Americans needed guns was not just for hunting.
It was so Americans would have the means to put down a slave rebellion.
Especially in the slave states, where often slaves outnumbered free persons.
.. my contention is that all of this individual right argument has its foundation in fear of a slave revolt.
That certainly could have had to do with embracing a militia amendment in the south. The theory
has been around as I am sure you know, but I cannot go as far as your tailing about being the 'foundation', since the individual vs militia dichotomy did not manifest until the early 1800's; prior that the 'citizens militia' concept envisioned by madison & the militia act of 1792 were generally being adhered to, altho support gradually insidiously weakened, & the dichotomy took hold by 1820s. Those supporting the citizens militia vs scofflaws (of militia act 1792) who felt they had the individual rkba without needing participate in military drills nor service. Who me? risk getting killed? no way jose, but 2ndA says I can keep & bear arms to my hearts content. Gee, just like today, with better & more lethal guns.
I think the foundation of 2ndA lies in tracing its roots back to the english 'have arms decrees' esp from the english bill of rights 1689. The supreme court in 1939 ruled on a 2ndA case (jack miller) and made many references to the origins of militias, including this (defence spelled with a 'c' meant 'collective defense' in old english):
1939 Miller decision: "In all the colonies, as in England, the militia system was based on the principle of the assize of arms. This implied the general obligation of all adult male inhabitants to possess arms, and, with certain exceptions, to cooperate in the work of defence.
Note the wording above 'assize of arms' within what the 1939 supreme court wrote re miller case.
The Assize of Arms of 1181 was a proclamation of King Henry II of England concerning the obligation of all freemen of England to possess and bear arms in the service of king and realm and to swear allegiance to the king, on pain of "vengeance, not merely on their lands or chattels, but on their limbs".
The assize stipulated precisely the military equipment that each man should have according to his rank and wealth. The assize effectively revived the old Anglo‐Saxon fyrd {militia style} duty. The Assize established restrictions on weapon ownership by Jews, terms of inheritance, and prohibition of exports of arms, ships and timber. https://en.wikipedia.org/wiki/Assize_of_Arms_of_1181
https://www.democraticunderground.com/?com=view_post&forum=1172&pid=208483
miller decision outtakes: https://www.democraticunderground.com/?com=view_post&forum=1172&pid=208422
british refute scalia/heller: https://www.democraticunderground.com/?com=view_post&forum=1172&pid=208465