Incorporationista Kryptonite: Ratifying Conventions Prove 2nd Amendment Is Local

Mandeville, LA  – If there remain any Incorporationistas out there, the evidence against you seems to know no end. ESPECIALLY when it applies to the Second Amendment. Congress could not have altered the Second Amendment with Amendment 14 without altering the complete understanding of Article I, Sec 8. And how do I know this? Simple, the VA Ratifying convention covered the exact scenario of federal usurpation of State militia powers and none other than future chief Justice John Marshall led the debate for the Federalists to rebut that this was even possible.

“But the worthy member [William Grayson] fears, that in one part of the Union they will be regulated and disciplined, and in another neglected. This danger is enhanced by leaving this power to each state; for some states may attend to their militia, and others may neglect them. If Congress neglect our militia we can arm them ourselves. Cannot Virginia import arms? Cannot she put them into the hands of her militia-men?”

“He [Marshall] then concluded by observing, that the power of governing the militia was not vested in the states by implication, because, being possessed of it antecedent to the adoption of the government, and not being divested of it by any grant or restriction in the Constitution, they must necessarily be as fully possessed of it as ever they had been. And it could not be said that the states derived any powers from that system, but retained them, though not acknowledged in any part of it.”

Thus the power to control a “well regulated militia” was never granted to Congress, reserving the power “to keep and bear arms” there as well. The Second Amendment then is yet a restatement of this FACT and a backup plan in case the Congress should attempt to renege on the deal. There are dozens of these debates and conclusions in the ratifying conventions and the conventions that ratified the Bill of Rights. The BOR is a check against the Feds, a backup plan for the Doctrine of Reserved Powers and as this case shows the power over arms (guns) was reserved to the states. END OF STORY.

TheKingDude

Host of the Mike Church Show on The Veritas Radio Network's CRUSADE Channel & Founder of the Veritas Radio Network. Formerly, of Sirius/XM's Patriot channel 125. The show began in March of 2003 exclusively on Sirius and remains "the longest running radio talk show in satellite radio history".

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