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Publishing Company Puts Warning Label on Constitution
Wilder Publication is under fire for putting warning labels on copies of historical US documents, including the Constitution. The label warns "This book is a product of its time and does not reflect the same values as it would if it were written today." From the article: "The disclaimer goes on to tell parents that they 'might wish to discuss with their children how views on race, gender, sexuality, ethnicity, and interpersonal relations have changed since this book was written before allowing them to read this classic work.'"
It said nothing about black people. It referred to persons bound to labor, which SURPRISINGLY ENOUGH included a large number of white indentured servants (and IIRC some outright slaves.) Nice try though.
To the best of my understanding, many whose signature was solicited for the Bill of Rights considered it superfluous and perhaps even harmful, specifically because it did not prohibit anything which would have otherwise been permitted under the original Constitution. Some wanted it as an additional guarantee against later reinterpretation or undiscovered loopholes, but—as others feared—it has more often been taken as a license to do anything not explicitly prohibited, contrary to their design.
So the original version did include those protections; it just didn't state them explicitly, because it didn't need to. Even before the amendments were passed, the Constitution did not grant the federal government the power to violate anything in the Bill of Rights. The Bill of Rights was more a statement of intent than an actual change in the nature of the Constitution.
"The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
For starters it doesn't mention how the militia should be regulated, what constitutes Arms or where they have the right to keep and bear them.
For that you do what "historiographers" do: Go back to the writings of the time and find out what the words meant to the authors and the other politicians who debated, suggested, and approved the wording. These people wrote a LOT of stuff which has survived in the historical record, much of it explaining what they meant or debating what it should say and why.
The editor of _The Federalist_ - the political party paper of one of the major factions, in which much of this stuff was published - was Noah Webster, who was also a language reformer who wrote the then-definitive textbooks for teaching American English and compiled and published the first dictionary of the American English language. Timeline:
- 1783 Speller published.
- 1784 Grammar published.
- 1785 Reader published.
- 1787 Constitution completed.
- 1789 Bill of Rights completed.
- 1806 Webster's first dictionary published.
It's pretty clear that
- "Militia" was "everybody with their privately-owned arms" (later defined in law as divided into the "organized militia" - males of appropriate age except for those exempt due to things like being in other government service, and the "unorganized militia" - everybody else able and willing to fight.
- "Arms" in private hands at the time included warships, cannon (both small and large, including crew-served weapons on shipboard and on carriages), the latest smooth bore, rifle, and pistol technology, rockets, bombs, bayonets, swords, daggers, and other edged weapons, etc. Figure on it including anything of potential military application. (They also understood and promoted progress and invention, and knew about attempts at automatic weapons and interchangeable parts for mass production. So figure it includes future developments, just as "press" includes automated high-speed presses and broadcast media, and "papers" includes electronic records.)
- "Well-regulated" at the time meant "well-adjusted" or "in accurate operating condition", not "under the rule of a government official". Like a voltage regulator, not a beaurocrat. A clock was "well-regulated" to keep accurate time. A double-barreled shotgun was "well regulated" if the shot patterns from both barrels hit the same spot. "Well-regulated" for a militia meant that they had training in how to shoot and how to work together. At the time this was typically done on a local level, with periodic practice and with officers elected by the militiamen themselves.
- Where: 1785 August 19. (Jefferson to Peter Carr). "As to the species of exercise, I advise the gun. While this gives a mederate exercise to the body, it gives boldness, enterprize, and independence to the mind. Let your gun, therefore, be the constant companion of your walks."
Obviously Jefferson didn't completely agree with Webster's attempts to "regulate" American English spelling.
Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
A "strict interpretation" of the Constitution is anything but unconstitutional.
You have it backwards. Any power not explicitly granted to the Federal Government is a power that they do not have. This is explicitly stated by the 9th and 10th amendments.
This is the Opt-in equivalent to Federal power, as was originally intended.. as opposed to the Opt-out version that is currently the practice in Washington.