Saturday, January 12, 2013

Pedigree of the Second Amendment

 by Jacquerie

Here are the State submitted gun rights/militia/standing army related amendments, declarations of rights, to the Constitution.

North Carolina – Declaration of Rights. That the people have a right to keep and bear arms; that a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that, in all cases, the military should be under strict subordination to, and governed by, the civil power.

That no soldier, in time of peace, ought to be quartered in any house without the consent of the owner, and in time of war, in such manner only as the laws may direct.

That any person religiously scrupulous of bearing arms ought to be exempted, upon payment of an equivalent to employ another to bear arms in his stead.

Amendments – That no standing army or regular troops shall be raised or kept up in time of peace, without the consent of two thirds of the members present in both houses.

New Hampshire – That no standing army shall be kept up in time of peace, unless with the consent of three fourths of the members of each branch of Congress; nor shall soldiers, in time of peace, be quartered upon private houses, without the consent of the owners.

New York – That the people have a right to keep and bear arms; that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defense of a free state. That the militia should not be subject to martial law, except in time of war, rebellion, insurrection.

That the militia of any state shall not be compelled to serve without the limits of the state, for a longer term than six weeks, without the consent of the legislature thereof.

Pennsylvania – That no standing army of regular troops shall be raised or kept up in time of peace, without the consent of two thirds of both houses in Congress.

That each state respectively, shall have power to provide for organizing, arming and disciplining the militia thereof, whensoever Congress shall omit or neglect to provide for the same. That the militia shall not be subject to martial law, but when in actual service, in the time of war, invasion, or rebellion; and when not in the actual service of the United States, shall be subject to such fines, penalties, and punishment, only, as shall be directed or inflicted by the laws of its own state: nor shall the militia of any state be continued in actual service longer than two months, under any call of Congress, without the consent of the legislature of such state, or, in the recess, the executive authority thereof.

Rhode Island – That the people have a right to keep and bear arms; that a well-regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defense of a free state; that the militia shall not be subject to martial law, except in time of war rebellion, or insurrection; that standing armies, in time of peace, are dangerous to liberty, and ought not to be kept up, except in cases of necessity; and that at all times, the military should be under strict subordination to the civil power; that, in time of peace, no soldier ought to be quartered in any house without the consent of the owner, and time of war, only by the civil magistrates, in such manner as the law directs.

That no person shall be compelled to do military duty otherwise than by voluntary enlistment, except in cases of general invasion; anything in the second paragraph of the sixth article of the Constitution, or any law made under the Constitution, to the contrary notwithstanding.

Virginia – Declaration of Rights. That the people have a right to keep and bear arms; that a well-regulated militia, composed of the body of the people trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that, in all cases, the military should be under strict subordination to, and governed by, the civil power.

That no soldier in time of peace ought to be quartered in any house without the consent of the owner, and in time of war in such manner only as the law directs.

That any person religiously scrupulous of bearing arms ought to be exempted, upon payment of an equivalent to employ another to bear arms in his stead.

Amendments – That no standing army, or regular troops, shall be raised, or kept up, in time of peace, without the consent of two thirds of the members present, in both houses.

That no soldier shall be enlisted for any longer term than four years, except in time of war, and then for no longer than the continuance of the war.

That each state respectively shall have the power to provide or organizing, arming and disciplining its own militia, whensoever Congress shall omit or neglect to provide for the same. That the militia shall not be subject to martial law, except when in actual service, in time of war, invasion or rebellion; and when not in the actual service of the United States, shall be subject only to such fines, penalties, and punishment, as shall be directed or inflicted by the laws of its own state.

Source: The Rights Retained by the People, Edited by Randy Barnett.
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