James Madison And The Second Amendment

The Second Amendment to the Constitution was written by James Madison, who became a member of the Philadelphia Constitutional Convention in 1787. It was presented to the House of Representatives in Congress on June 8th 1797, and ratified on December 15th 1791. It was one of a total of 10 amendments drafted by Madison, who is often known as the father of the Bill of Rights, as well as being called the father of the Constitution, for his work on the Constitution with Alexander Hamilton and John Jay.
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 2008 and 2010, the Supreme Court issued two landmark decisions officially establishing this interpretation. In District of Columbia v. Heller, the court ruled that the Second Amendment protects an individual’s right to possess a firearm, unconnected to service in a militia and to use that firearm for traditionally lawful purposes, such as self-defense within the home. In dicta, the court listed many longstanding prohibitions and restrictions on firearms possession as being consistent with the Second Amendment. In McDonald v. Chicago 2010, the court ruled that the Second Amendment limits state and local governments to the same extent that it limits the federal government. That means that all of the states governors that follow suit with Obama’s folly could also be sued and impeached.

74 thoughts on “James Madison And The Second Amendment”

  1. “They really aren’t concerned with real facts concerning weapons, their real concern is getting rid off all weapons.”

    Funny that you mention people with no concern for facts while posting an extreme opinion of other people’s motivations — certainly no more than an opinion — and state it as if it were fact.

  2. @Dave #46:
    The pistol grip and other features that denote the classification of assault weapon don’t have an effect on the performance of the weapon. For example a pistol grip and forearm grip don’t change the functionality or fire rate. To draw an analogy, like before, putting a mustang body on my Hyundai doesn’t change the performance of the car.

    Carbine rifle means the weapon is powered by the gas that is released during the discharge. If you look at an AR there are gas lines that run in the forearm of the weapon. They are usually hidden by the circular forearm that looks like a military M16, which is why people inherently believe it is an assault weapon: it is only for looks. Again, it is no different than a hunting rifle.

    Finally, the magazine capacity doesn’t affect the ability of a shooter to put lead downrange. That is a fact. I see it all the time: amateurs load 5 magazines for their handgun, which has a 12 round capacity, and fire them all off without pause. You’re talking 60 rounds in the span of a couple of minutes. The idea is to create a stream of steady fire.

    I know it is a hot topic and I’ll be honest there is little that can be done to change this problem. In my opinion it is a cultural change. The only effective legislation that has been proposed are background checks for individual sales AKA the gun show loophole. If you’re interested in discussing further feel free to email me: Keesler.robert@gmail.com

  3. “They really aren’t concerned with real facts concerning weapons, their real concern is getting rid off all weapons.”

    I’m sometimes amazed about much insight some people have regarding intent and motivation. The FBI has a real need for profilers. There is more than one person who certainly have demonstrated the core competency demanded by the job.

  4. Dave
    “I’m sometimes amazed about much insight some people have regarding intent and motivation.”

    It isn’t difficult to profile what is going on with the anti-gun movement when they use the same strategy to promote their cause every time there is a tragic incident involving guns. Matter of fact Dave, it would take an idiot to miss their strategy.

  5. “Military grade weaponry (fully auto)”

    Most M-16s and M-4s in use don’t have an Auto setting on the selector switch, and the burst setting is next to useless. To the point where it isn’t even included in the training standards of your line infantry battalion. A fully auto M-16 is an anti aircraft gun after the first 2 or 3 rounds.

    If you don’t think an AR-15 is a military grade weapon you’re off your rocker.

  6. “It isn’t difficult to profile what is going on with the anti-gun movement when they use the same strategy to promote their cause every time there is a tragic incident involving guns. Matter of fact Dave, it would take an idiot to miss their strategy.”

    Strategy and motivation are two different things, Don. Dave and I were criticizing your unsupported contention that anyone who wants to put limits on gun ownership actually wants to ban all guns. It’s not true, and it’s incredibly ignorant to think that it is.

    By the way, are you contending that conservatives don’t use incidents that illustrate their points to push forward their agendas? I’m pretty sure that’s common behavior across the political spectrum.

  7. Geezer
    Everybody uses something to illustrate their point but Democrats seem to be hell-bent lately, on gaining the nation’s sympathy by using the deaths of Sandy Hook’s children to the nauseating point of no return.
    I find the president’s use of scripted statement for America’s children in a press conference, beyond the pale. He even flew the children to the press conference so the TV camera’s could pan them for America’s viewing pleasure. All this to gain sympathy for his new Executive Orders.

  8. All true, Don, and I agree, all despicable.

    But they still haven’t pulled out the last stop. We still haven’t seen pictures of the dead kids.

  9. @Falcor:
    The selector switch in military weaponry allows for burst and the modern M16A3 has full auto. My point is that an AR is a semi-automatic weapon meaning one pull of the trigger makes one projectile. That would make it no different than a hunting rifle or handgun. I thoroughly explained how it does not perform like a military weapon. You may say a hunting rifle cant fire 30 rounds non stop, but as i provided before, an amateur can administer a stream of fire with any capacity magazine. Similar to what happened at Columbine.

    What you did was provide an emtotional argument. You haven’t provided a single fact as to how it differs from a hunting rifle and, if so, how that difference makes it more capable of killing in mass numbers. Like I said at first the facts are out there. Whether you are willfully ignorant is a personal choice.

  10. But they still haven’t pulled out the last stop.

    If only they could pull out all the stops… then people could have a signing ceremony to entertain themselves and make themselves feel better about things.

    But all that is somewhere over the rainbow of the utopia of tolerance and love that the main stream media is trying to portray if only assault style weapons could be banned for law abiding citizens.

  11. “I thoroughly explained how it does not perform like a military weapon.”

    No, you didn’t.

    Considering that I have never actaully used the burst selector on my M16/4 as anything other than an ammo dump to prevent turning in rounds….

    My weapon is not discernably different than an AR-15. An M-16 is employed the exact same as an AR-15, automatic fire is provided by a different weapon. Either the SAW or the IAR.

    “What you did was provide an emtotional argument.”

    No, I didn’t. You said M16s are automatic. That is misleading, only certain variations have that and they are not employed by the average grunt. You tried to pull a fast one and I called you on it.

    I personally don’t think the weapon is the problem either, automatic fire with an M-16 is a waste of ammo anyways. The magazine size could reduce casualty numbers in mass shootings, but it won’t eliminate them.

  12. @Falcor:
    You say I didn’t thoroughly explain how it isn’t like an automatic weapon, yet didn’t provide support. I would never provide misinformation: select fire is automatic fire. If you can fire burst then you can fire more than one bullet with one pull of the trigger. That is automatic. Automatic fire is military grade weaponry. Other military weapons including a model of the M16 are full auto. Everything I said was true.

  13. “That is automatic”

    No it isn’t. There is a reason it isn’t called automatic. That is because we have a Rifle with an automatic setting that fires automatic.

    “I would never provide misinformation: select fire is automatic fire.”

    No, a 3 round burst is not fully automatic. It is a 3 round burst (Shocking revelation, I know). An automatic weapon fires rounds until you release the trigger.

  14. “If I paint a racing stripe on my car, will my car go faster?”

    If I put a bigger gas tank on my car will it drive longer before it runs out of gas?

  15. Falcor:
    Full auto is one pull and endless stream of bullets. Burst is automatic fire: you pull a trigger once an a mechanical process discharges more rounds. If it wasnt automatic fire then you would need to pull the trigger every time you wanted to fire one bullet. The M16A2 is the only model to my knowledge that requires you to hold the trigger or else the burst stops.

    If you were correct then people wouldn’t need to meet special requirements to have select fire and fully automatic weapons.

  16. @falcor#72:
    A pin stripe is a cosmetic difference and doesn’t change the performance; a gas tank does. A pistol grip doesn’t change the performance; an automatic capability does.

  17. Robert, if I drive a flashy red sports car am I more likely to be pulled over by police even though I am not speeding? That is, do people THINK I must be speeding because I am driving a sports car that is bright red than if I am driving a Ford Escort?

  18. “A pistol grip doesn’t change the performance; an automatic capability does.”

    In most hands an automatic capability actually lessens the killing power, but really my point had nothing to do with this because the gas tank analogy was a reference to the magazine size issue.

    Does a 30 round magazine extend the time a shooter can send rounds down range? Yes. The End.

    “The M16A2 is the only model to my knowledge that requires you to hold the trigger or else the burst stops.”

    You can hold the trigger of an M16A2 on burst…. and it will fire 3 rounds. That is until you release the trigger and squeeze it again. You squeeze the trigger and it fires 3 rounds, you cannot hold the trigger and have it fire full auto. Burst and auto are different, hence the different names.

  19. How about if we require that rifles which have a pistol grip or other features must be painted pink with smiley faces on them so they won’t look scary? This is a great idea because existing gunowners can paint their own rifles without any fear of having them taken away.

  20. @Falcor 76:
    Anyone who wants to know the truth simply go to YouTube and search “shoot 2 reload, shoot 2 drills”. You will find hundreds if not thousands that prove my point: an amateur shooter is not slowed down by needing to reload. The only reason reloading would make a difference in a mass shooting is if there was a civilian with a gun who could shoot back. Otherwise the shooter doesn’t have to worry how long it takes to reload because nobody is able to defend themselves and stop him. He can take his time. The End.

    Anyone who is unfamiliar with firearms, watch this video, which is an interview with a world champion shooter, that supports everything I have said. http://www.youtube.com/watch?v=jjeL8d_7XV0

    I deal in pure facts, not confirmation bias. You misread my comment on the m16A2, go back and read it. Never did I say it could go full auto. I stated that if you released the trigger before the burst finished, it would stop. Again you haven’t proven anything, just stated your opinion. Burst fire is automatic fire which is why you need the same tax stamp and forms that you need to own a fully automatic weapon. Automatic capability is anything that allows more than one bullet per one pull of the trigger mechanism. That is why the military uses them, why they are considered military grade weaponry, and why they are so different from a semi automatic.

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