FW: Changing circumstances and firearms lethality

[Calvin Johnson]

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From: Calvin Johnson
Sent: Sun 4/19/2009 11:36 AM
To: jon.roland at constitution.org; Nelson Lund; Sanford Levinson
Cc: Michael Zimmer; Rosenthal, Lawrence; Robert Sheridan; Janet Alexander; Volokh, Eugene; CONLAWPROF at LISTSERV.UCLA.EDU
Subject: RE: Changing circumstances and firearms lethality


keep the function within support of the state national guard.   The original wording is filled with ties to militia.  "A well regulated militia, composed of the body of the People, being the best security of a free State, the right of the People to keep and bear arms shall not be infringed; but no one religiously scrupulous of bearing arms, shall be compelled to render military service in person"  The last clause was dropped because 'while I have no objection if limited to Quakers, all men should be subject to service beyond that.'   The nature of the technology supported the assumption that these were mass weapons, like pikes,effective only within a well ordered troop.  In updating it is important that the original social context not be lost.  This is like a jury duty, a duty to the community, for the benefit of the state, and not for the benefit of loonies and loners against the community. 
     I am a very conservative soul.  You should not consider that the loom of history can be ripped up and rewoven every morning.  The social interpretation of bear arms was stare decisis for 220years.  The dissent in Heller is right and we will return to it, as soon as we have less than 7 of 9 justices appointed by Republican presidnets.  This is our Dred Scott.  And indeed if we can disarm, we can increase the security of us all, and break the vicious cycle of the Nash Equilibrium    

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From: Jon Roland [mailto:jon.roland at constitution.org]
Sent: Sun 4/19/2009 11:24 AM
To: Nelson Lund
Cc: Michael Zimmer; Rosenthal, Lawrence; Robert Sheridan; Janet Alexander; Calvin Johnson; Volokh, Eugene
Subject: Re: Changing circumstances and firearms lethality


Or, extending Nelson's point, that:
The right of free press only includes the use of the press equipment in use in 1791.
The right of free speech only includes speech within earshot and does not include talking over an electronic medium.
The religions that were the subject of the First Amendment only include those that existed and were recognized in 1791.
The protection against unreasonable search does not include tapping electronic communications.
"Commerce" only includes the commodities traded in 1788.
The foreign nations with whom Congress can regulate commerce only include those existing in 1788.
The "current coin of the United States" only includes coins in circulation in 1788.
The "Standard of Weights and Measures" only includes the measure units in use in 1788 (no metric).
"Post Roads" only included unpaved dirt tracks.
"Discoveries" of inventors only include those existing in 1788.
Voting can only use the voter-provided ballots in use in 1788 (no official  ballots).
The "States" only included those existing in 1788.

For more on what was originally understood see Military Affairs <http://www.constitution.org/mil/mil_aff/mil_aff.htm> . Reports to the U.S. Congress on military and militia matters. Volume 1 contains reports from Mar. 3, 1789, through Mar. 3, 1819. 


Nelson Lund wrote:


	Michael Zimmer wrote: 
	


		. . . To be true to his original meaning argument, we all know what guns are protected: muskets. . . 
		


	And I suppose "we all know" that the federal government has the authority to maintain a Navy only if it consists of wooden sailing ships. 
	
	Nelson Lund 
	George Mason 
	
	

-- Jon

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