The preceding gets this:
This is the same kind of historical revisionism that tries to paint the 2nd Amendment as some slave patrol scheme in the vein of the Aptly named Dr. Bogus whose revisionist history “The Hidden History of the Second Amendment” includes Section 1, part K literally titled: “The Absence of Direct Evidence”.
Advocates of such false history also try to misconstrue the statements of Patrick Henry before the Ratifying Convention in Virginia from June 5th, 1788.
You can read the full speech here.
You’ll see none of what Bogus suggest regarding the 2nd Amendment being for slavery present there.
All the Judicial, Statutory, and Historic evidence from the 17th Century to Modern day supports the individual right to keep and bear arms unconnected to militia service.
Being a direct descendant of the English colonies American law is based off of the English model. Our earliest documents from the Mayflower compact to the Constitution itself share a lineage with the Magna Carta. Even the American Bill of Rights being modeled after the English Bill of Rights.
The individual right, unconnected to militia service, preexists the United States and the Constitution. This right is firmly based in English law.
In 1689 The British Bill of Rights gave all protestants the right to keep and bear arms.
Prior to the debates on the US Constitution, or its ratification, multiple states built the individual right to keep and bear arms, unconnected to militia service, in their own state constitutions.
Later the debates that would literally become the American Bill of Rights also include the right of the people to keep and bear arms.
The American Bill of Rights itself was a compromise between the federalist and anti-federalist created for the express purpose of protecting individual rights.
In Madison’s own words:
Madison’s first draft of the second Amendment is even more clear.
Ironically it was changed because the founders feared someone would try to misconstrue a clause to deny the right of the people.
Please note Mr. Gerry clearly refers to this as the right of the people.
This is also why we have the 9th Amendment.
Article I Section 8 had already established and addressed the militia and the military making the incorrect collective militia misinterpretation redundant.
Supreme Court cases like US v. Cruikshank, Presser v. Illinois, DC v. Heller, and even the Dredd Scott decision specifically call out the individual right to keep and bear arms, unconnected to militia service.
Cornell is being purposefully mendacious.
