Thursday, May 26, 2022

Some Thoughts on the Thoughts About the Uvalde Elementary Mass Murder

Texas governor Gregg Abbott was urging Texans to buy more guns, because Texas was second to California in this.  After every mass shooting murder, people talk about gun control.  When people talk about  gun control, people start buying more guns.  Might we assume that Abbott instigated this mass murder in order to get Texans to buy more guns, and thereby win over California?

The Second Amendment is in the so-called Bill or Rights because the Constitution does not provide for a standing army (only a navy).  Thus the provision that, if the nascent nation were in need of an armed force to deal with a land invasion, it would need to draft its citizens as part of well organized militias to serve as its army.  The drafters of the Constitution knew, through their own experience, that you cannot simply gather together a bunch of armed men and expect them to constitute an effective fighting force.  To be an effective fighting force requires training to act as a group, thus the requirement of a "well organized militia".  They also knew that many communities had standing militias which were organized to fight the Native Americans who were trying to preserve their land from being expropriated by the settlers.  Neglecting to provide for a professional army -- a standing army -- was a cost saving move, as the country was almost bankrupt after the revolution against Great Britian.  In which case, a standing army was something they could do without if the community militias could be called up to serve as an army.  The rational of the Second Amendment, then is to use an already existing resource, the community militias, as a substitute for a standing army.  Thus, the "right to bear arms" is about militia members, under the control of the community, not some individual who has no interest in the welfare of the community.

To take the "originalist" perspective, what the drafters of the Bill or Rights visualized, or knew, as "arms" consisted of swords, knives, spears, and muzzle-loading flint-locks.  They had no idea what a Glock 19 or an AR-15 was.  In other words, whey the wrote "arms" they were thinking of swords and muzzle-loading flint-locks, so their original intent was to not "infringe" on keeping swords and muzzle-loading flint-locks which would be the arms borne by the citizens constitution a "well-regulated militia".

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