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Old 11-22-2007, 03:19 PM
andyfox andyfox is offline
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Default Re: Supreme Court to Overturn DC Gun Ban once and for all

"Would you agree that Alexander Hamilton, a man that signed the original constitution, believes it is (or at least should be) a natural and individual right?"

No. I've re-read Federalist 28 and it concerns itself with anti-federalists' concerns over a national military and says absolutely nothing about individual rights to have guns for personal usage.

"Madison believes American gun laws are far more relaxed. Would you disagree or agree with this simple statement?"

I think so, yes.

"Also regarding Madison's statement on RKBA . . ."

I've read this a few times, without it sinking in; sorry to be dense, don't understand your point in this section.

As to the framers original intent: it is generally impossible to ascertain. They were not of one mind, the Constitutional Convention was conducting in secrecy, and the fact that the framers were so soon at each others throats over the meaning of the various Constitutional provisions and what was therefore legal or not, shows that a jurisprudence of original intent is fraught with difficulty. The vague phrases of the Constitution, written by men who took great care in their use of language, were meant to be vague and therefore interpreted as exigencies warranted. To say, as does Judge Scalia, that since capital punishment was not "cruel and unusual" punishment at the time the phrase was penned, and that, therefore, it cannot be considered such now, strikes me as silly.

But with the 2nd amendment, the individual rights people say that's what the amendment was intended to protect. There is a lot of evidence that it was not. So their position cannot be justified on an originalist interpretation.
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