The Right To Bear Arms
A distinguished citizen takes a stand on one of the most controversial issues in the nation
By Warren E. Burger, Chief Justice of the United States (1969-86)
Parade Magazine, January 14, 1990, page 4Our metropolitan centers, and some suburban communities of America, are setting new records for homicides by handguns. Many of our large centers have up to 10 times the murder rate of all of Western Europe. In 1988, there were 9000 handgun murders in America. Last year, Washington, D.C., alone had more than 400 homicides -- setting a new record for our capital.
The Constitution of the United States, in its Second Amendment, guarantees a "right of the people to keep and bear arms." However, the meaning of this clause cannot be understood except by looking to the purpose, the setting and the objectives of the draftsmen. The first 10 amendments -- the Bill of Rights -- were not drafted at Philadelphia in 1787; that document came two years later than the Constitution. Most of the states already had bills of rights, but the Constitution might not have been ratified in 1788 if the states had not had assurances that a national Bill of Rights would soon be added.
People of that day were apprehensive about the new "monster" national government presented to them, and this helps explain the language and purpose of the Second Amendment. A few lines after the First Amendment's guarantees -- against "establishment of religion," "free exercise" of religion, free speech and free press -- came a guarantee that grew out of the deep-seated fear of a "national" or "standing" army. The same First Congress that approved the right to keep and bear arms also limited the national army to 840 men; Congress in the Second Amendment then provided:
"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."In the 1789 debate in Congress on James Madison's proposed Bill of Rights, Elbridge Gerry argued that a state militia was necessary:"to prevent the establishment of a standing army, the bane of liberty ... Whenever governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia in order to raise and army upon their ruins."We see that the need for a state militia was the predicate of the "right" guaranteed; in short, it was declared "necessary" in order to have a state military force to protect the security of the state. That Second Amendment clause must be read as though the word "because" was the opening word of the guarantee. Today, of course, the "state militia" serves a very different purpose. A huge national defense establishment has taken over the role of the militia of 200 years ago.
Some have exploited these ancient concerns, blurring sporting guns -- rifles, shotguns and even machine pistols -- with all firearms, including what are now called "Saturday night specials." There is, of course, a great difference between sporting guns and handguns. Some regulation of handguns has long been accepted as imperative; laws relating to "concealed weapons" are common. That we may be "over-regulated" in some areas of life has never held us back from more regulation of automobiles, airplanes, motorboats and "concealed weapons."
Let's look at the history.
First, many of the 3.5 million people living in the 13 original Colonies depended on wild game for food, and a good many of them required firearms for their defense from marauding Indians -- and later from the French and English. Underlying all these needs was an important concept that each able-bodied man in each of the 133 independent states had to help or defend his state.
The early opposition to the idea of national or standing armies was maintained under the Articles of Confederation; that confederation had no standing army and wanted none. The state militia -- essentially a part-time citizen army, as in Switzerland today -- was the only kind of "army" they wanted. From the time of the Declaration of Independence through the victory at Yorktown in 1781, George Washington, as the commander-in-chief of these volunteer-militia armies, had to depend upon the states to send those volunteers.
When a company of New Jersey militia volunteers reported for duty to Washington at Valley Forge, the men initially declined to take an oath to "the United States," maintaining, "Our country is New Jersey." Massachusetts Bay men, Virginians and others felt the same way. To the American of the 18th century, his state was his country, and his freedom was defended by his militia.
The victory at Yorktown -- and the ratification of the Bill of Rights a decade later -- did not change people's attitudes about a national army. They had lived for years under the notion that each state would maintain its own military establishment, and the seaboard states had their own navies as well. These people, and their fathers and grandfathers before them, remembered how monarchs had used standing armies to oppress their ancestors in Europe. Americans wanted no part of this. A state militia, like a rifle and powder horn, was as much a part of life as the automobile is today; pistols were largely for officers, aristocrats -- and dueling.
Against this background, it was not surprising that the provision concerning firearms emerged in very simple terms with the significant predicate -- basing the right on the necessity for a "well regulated militia," a state army.
In the two centuries since then -- with two world wars and some lesser ones -- it has become clear, sadly, that we have no choice but to maintain a standing national army while still maintaining a "militia" by way of the National Guard, which can be swiftly integrated into the national defense forces.
Americans also have a right to defend their homes, and we need not challenge that. Nor does anyone seriously question that the Constitution protects the right of hunters to own and keep sporting guns for hunting game any more than anyone would challenge the right to own and keep fishing rods and other equipment for fishing -- or to own automobiles. To "keep and bear arms" for hunting today is essentially a recreational activity and not an imperative of survival, as it was 200 years ago; "Saturday night specials" and machine guns are not recreational weapons and surely are as much in need of regulation as motor vehicles.
Americans should ask themselves a few questions. The Constitution does not mention automobiles or motorboats, but the right to keep and own an automobile is beyond question; equally beyond question is the power of the state to regulate the purchase or the transfer of such a vehicle and the right to license the vehicle and the driver with reasonable standards. In some places, even a bicycle must be registered, as must some household dogs.
If we are to stop this mindless homicidal carnage, is it unreasonable:
- to provide that, to acquire a firearm, an application be made reciting age, residence, employment and any prior criminal convictions?
- to required that this application lie on the table for 10 days (absent a showing for urgent need) before the license would be issued?
- that the transfer of a firearm be made essentially as with that of a motor vehicle?
- to have a "ballistic fingerprint" of the firearm made by the manufacturer and filed with the license record so that, if a bullet is found in a victim's body, law enforcement might be helped in finding the culprit?
These are the kind of questions the American people must answer if we are to preserve the "domestic tranquillity" promised in the Constitution.
RULES & REGULATIONS
JoinedPosts by RULES & REGULATIONS
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165
So an 8 year old is killed by a machine-gun and it's no ones fault?
by Simon ini think us gun laws are s-t-u-p-i-d ... and the legal system more so.
saw a very good suggestion yesterday though - force people who want to own a gun to require insurance (hey, you have to have it for a vehicle for gods sake).
single-shot hunting rifle?
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165
So an 8 year old is killed by a machine-gun and it's no ones fault?
by Simon ini think us gun laws are s-t-u-p-i-d ... and the legal system more so.
saw a very good suggestion yesterday though - force people who want to own a gun to require insurance (hey, you have to have it for a vehicle for gods sake).
single-shot hunting rifle?
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WIKIPEDIA : ''In colonial era Anglo-American usage, militia service was distinguished from military service in that the latter was normally a commitment for a fixed period of time of at least a year, for a salary, whereas militia was only to meet a threat, or prepare to meet a threat, for periods of time expected to be short. Militia persons were normally expected to provide their own weapons, equipment, or supplies, although they may later be compensated for losses or expenditures.''
''Because of manpower shortages the militia provided short-term support to the regulars in the field throughout the war.''
SIMON:
The National Rifle Association argues that individuals have the right to bear arms. The Second Amendment guaranteed ''the rights of states to form militias not for individuals to bear arms.'' They can't see the difference between the word ''militia'' and ''individual.''
Special interest groups control the USA. They control banking,energy,food prices,and pharmaceutical prices.
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How many of your elders & servants are "Preachers Who Are Not Believers?"
by Franklin Massey inmany people in positions of teaching others the doctrine of their particular religion do not actually believe the doctrine themselves.
this is a fascinating article from daniel dennett and linda lascola.
i could relate to some of the expressions made.. http://newsweek.washingtonpost.com/onfaith/non-believing-clergy.pdf.
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Franklin Massey:
I haven't been out in service in years. I hated service and don't see how anyone would enjoy going out in service besides putting in time. What is the difference today out in field service than 10 years ago? What is the message today and what is the response from householders?
Today,my wife said that 2 brothers came to the door and handed her a tract and left. All they said was, '' We hope you'll find time and read it.''
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Does the WTS have a Media Relations Department?
by RULES & REGULATIONS inwikipedia: media relations involves working with various media for the purpose of informing the public of an organization's mission, policies and practices in a positive, consistent and credible manner.
typically, this means coordinating directly with the people responsible for producing the news and features in the mass media.
the goal of media relations is to maximize positive coverage in the mass media without paying for it directly through advertising.. .
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Thank you everyone for info!
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Does the WTS have a Media Relations Department?
by RULES & REGULATIONS inwikipedia: media relations involves working with various media for the purpose of informing the public of an organization's mission, policies and practices in a positive, consistent and credible manner.
typically, this means coordinating directly with the people responsible for producing the news and features in the mass media.
the goal of media relations is to maximize positive coverage in the mass media without paying for it directly through advertising.. .
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WIKIPEDIA: Media relations involves working with various media for the purpose of informing the public of an organization's mission, policies and practices in a positive, consistent and credible manner. Typically, this means coordinating directly with the people responsible for producing the news and features in the mass media. The goal of media relations is to maximize positive coverage in the mass media without paying for it directly through advertising.
If the WTS do have a Media Relations Department,where are they? Why aren't they put to a good use?
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People can be so mean, nasty and insulting on internet forums!
by RULES & REGULATIONS ini asked a simple question on the internet site yelp.
anyone can post a review and rating of local travel,food,entertainment,events and what's on your mind.
i asked a simple question on the forum and the responses were pretty mean and nasty.
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Betterdaze
You are absolutely right!
Some internet sites are known to have owners/friends/family write positive and raving reviews and post negative experiences on competing businesses. Sometimes a business will have a professional writer write a review. Those are easy to spot.
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People can be so mean, nasty and insulting on internet forums!
by RULES & REGULATIONS ini asked a simple question on the internet site yelp.
anyone can post a review and rating of local travel,food,entertainment,events and what's on your mind.
i asked a simple question on the forum and the responses were pretty mean and nasty.
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free2beme
I thought that most forums were set up for the exchanging of ideas. What people wrote on Yelp didn't bother me! I'm not fat or anywhere close. It's the insult of someone hiding behind a keyboard that makes me mad because he/she would never say that to my face.
I'm happy to see that we have posting guidelines on JWN. It states : please avoid insulting,threatening or provoking language.
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People can be so mean, nasty and insulting on internet forums!
by RULES & REGULATIONS ini asked a simple question on the internet site yelp.
anyone can post a review and rating of local travel,food,entertainment,events and what's on your mind.
i asked a simple question on the forum and the responses were pretty mean and nasty.
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I asked a simple question on the internet site Yelp. Anyone can post a review and rating of local travel,food,entertainment,events and what's on your mind. I asked a simple question on the forum and the responses were pretty mean and nasty. Here is the question I asked :
Why are food portions getting smaller while prices increase?
The fish sandwich at ======= is so small that you need to open up the bread to see the fish.I counted around 8 fries at ===== 99 cent meal. Potato chip bags are always half full.Every place you go gives you less but charges you more.
Here were somes uncalled- for responses from people who chose to provoke and insult for no reason :
maybe you should eat less..........it's not shrinking portions but you have a bigger stomach..........sounds like you got fatter.............it takes more food to feed your girth.
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...How many Clowns does it take..?????...
by OUTLAW inwbt$ since 1879... .
7 million served.. .
wbt$ gb clowns... .
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Wikipedia:McDonald's Ronald McDonald is a clown character used as the primary mascot of the McDonald's fast-food restaurant chain. In television commercials, the clown inhabits a fantasy world called McDonaldland, and has adventures with his friends Mayor McCheese, the Hamburglar, Grimace, Birdie the Early Bird, and The Fry Kids. In recent years, McDonaldland has been largely phased out, and Ronald is instead shown interacting with normal kids in their everyday lives.
Official Wts site :The ''Governing Body'' are clown characters used as the primary mascot of the Watchtower Organization spiritual-food corporation. In Kingdom Halls, these clowns inhabit a fantasy world called the Watchtower Society, and have adventures with their friends District Overseer( McCheese),Presiding Overseer (the Hamburglar),Circuit Overseer (Grimace), Elder (Birdie the Early Bird), and Ministerial Servant (The Fry Kids). In recent years,the '' Governing Body'' have been largely gotten more powerful, and have instead shown interacting with brother Russell and Rutherford in their heavenly lives.
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Could ''boredom'' at the Kingdom Hall be one reason why some members leave?
by RULES & REGULATIONS inyou'll find boredom where there is the absence of a good idea earl nightingale quotes (us motivational writer and author, 1921-1989).
let's forget that most members leave due to the wrong beliefs,doctrines and practices of the wts!.
i was bored out of my mind from the repetitive: talks,prayers,ministry school demonstrations,field service talks(peddle magazines),assemblies,special talks and watchtower magazine study articles.
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I was always bored out of my mind when there would be a ''review'' of the 3-4 day summer convention. After spending 4 days in the ''brain damaging heat'' in the middle of July with no shade,they would review the convention talks a couple of days later at the Ministry School. (Like I really needed to be reminded that the main speakers from Bethel would sit in an air conditioned box seat and were walked to the podium with an umbrella over their heads while everyone else suffered heat stroke).