The True Intent of The First American Consitutions of 1776-1791
Edward A. Kole
Amendment II
The Right to Keep and Bear Arms Shall Not Be Infringed "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..."
Related Clauses from the State Constitutions of 17761791. The Declaration of Rights of the State of Delaware. "4. That the people of this state have the sole, exclusive, and inherent right of governing and regulating the internal police of the same." "10. That every member of society hath a right to be protected in the enjoyment of life, liberty, and property, and therefore is bound to contribute his proportion towards the expence of that protection, and yield his personal service when necessary, or an equivalent thereto;... can any man that is conscientiously scrupulous of bearing arms in any case, be justly compelled thereto, if he will pay such equivalent." "18. That a well regulated militia is the proper, natural, and safe defence of a free government. "19. That standing armies are dangerous to liberty, and ought not to be raised or kept up without the consent of the legislature."
The Constitution of the State of Georgia. "10. No officer whatever shall serve any process, or give any other hindrance to any person intitled to vote, either in going to the place of election, or during the time of the said election, or on their returninghome from such election; nor shall any military officer, or soldier, appear at any election in a military character, to the intent that all elections may be free and open."
The Declaration of Rights of the State of Maryland. "2. That the people of this state ought to have the sole and exclusive right of regulating the internal government and police thereof." "4. That all persons invested with the legislative or executive powers of government are the trustees of the public, and as such accountable for their conduct; wherefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought, to reform the old or establish a new government; the doctrine of non-resistance against arbitrary power and oppression, is absurd, slavish, and destructive of the good and happiness of mankind." "25. That a well regulated militia is the proper and natural defence of a free government." "27. That in all cases and at all times the military ought to be under strict subordination to, and controul of the civil power."
Part I, Declaration of Rights, Constitution of the State of Massachusetts. "Art. I. ALL men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness." "XVII. The people have a right to keep and to bear arms for the common defence. And as in time of peace armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in exact subordination to the civil authority, and be governed by it."
The Constitution of the State of New-York. "40. And whereas it is of the utmost importance to the safety of everystate, that it should always be in a condition of defence; and it is the duty of every man, who enjoys the protection of society, to be prepared and willing to defend it; this convention, therefore, in the name and by the authority of the good people of this state, doth ordain, determine and declare, that the militia of this state, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in readiness for service. That all such of the inhabitants of this state, being of the people called Quakers, from scruples of conscience, may be adverse to the bearing of arms, be therefrom excused by the legislature; and do pay to the state, such sums of money in lieu of their personal service, as the same may, in the judgment of the legislature, be worth: And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hereafter, at the expence of the state, and by acts of the legislature, established, maintained, and continued in every county in this state."
The Declaration of Rights, Constitution of North-Carolina. "17. That the people have a right to bear arms for the defence of the state; and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by the civil power."
Chapter I, The Declaration of Rights of the State of Pennsylvania. "III. THAT the people of this State have the sole exclusive and inherent right of governing and regulating the internal police of the same." "V. THAT government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or community;..." "VIII. THAT every member of society hath a right to be protected in the enjoyment of life, liberty and property, and therefore is bound to contribute his proportion towards the expence of that protection, and yield his personal service, when necessary, or an equivalent thereto:..." "XIII. THAT the people have a right to bear arms for the defence of themselves and the State; and as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up: And that the military should be kept under strict subordination to, and governed by, the civil power."
The foregoing is an excerpt from The True Intent of the First American Constitutions of 1776-1791.
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