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226th anniversary of the ratification of the Constitution
Consource reminds us that June 21st is the 226th anniversary of New Hampshire's ratification of the proposed US Constitution. NH gave the document the ninth vote required for it to take effect and bind all States that had already ratified -- it still remained to win over Virginia and NY, without whom the new agreement would lack the future nation's two most prosperous (and in the case of Virginia, the physically largest) States.
The New Hampshire ratification came with the provision:
"And as it is the opinion of this Convention, that certain amendments and alterations in the said Constitution would remove the fears and quiet the apprehensions of many of the good people of this state, and more effectually guard against an undue administration of the federal government, -- The Convention do therefore recommend that the following alterations and provisions be introduced in the said Constitution: --
. . . . .
XI. Congress shall make no laws touching religion, or to infringe the rights of conscience.
XII. Congress shall never disarm any citizen, unless such as are or have been in actual rebellion."
"XII. Congress shall never disarm any citizen, unless such as are or have been in actual rebellion."
Anyone want to know why the Militia clause is in the 2nd Amendment. I wager that after looking at proposed XII. Many exclaimed, but we the colonies had been in active rebellion against Britain. And thus, by the wording of XII, could be disarmed.
"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."
Notice now how the actual wording of the 2nd Amendment maintains the protection against disarming the people. But eliminates the "rebellion clause", why? What it does is essentially state that in fact, it is essentially affirming the right of rebellion, in the context of the militia...
I believe the militia clause, essentially is balancing out rebellion. Pretty much saying that a rebellion of one or two may be questionable, but a rebellion of the masses in the form of the militia...that is enshrined.
Just some food for thought...as I often hear people question why the militia is even included in the 2nd Amendment if it is an individual right. And I believe the New Hampshire submission shows exactly why. It was how they addressed the concern of minor rebellion (I'm not going to pay my taxes - illegitimate) vs wholesale rebellion of the masses (legitimate)