A seemingly mundane August 23 debate over who should govern state militias helps to illuminate the purpose of what later became the Second Amendment. The proposition on the table was to empower the national government to “make laws for organizing, arming & disciplining the Militia, and for governing such part of them as may be employed in the service of the U. S. reserving to the States respectively, the appointment of the officers, and authority of training the militia according to the discipline prescribed-“ Elbridge Gerry immediately objected that enabling the national government to “arm” militias “would be regarded as an instrument of … Continue reading August 23: Seeds of the Second Amendment
The July 14th debate illustrates well the disagreement about whether this federal government would be a union of the States or a Union of the states. It’s hard for us now to recover fully this dispute because, after the Civil War, it became clear to everyone except the state of Texas that the national government was supreme in sovereignty to the state governments. The state governments persisted and have never been treated simply as functionaries of the national government, but there was no longer a question of ultimate supremacy. By contrast, prior to the Civil War, almost all documents say … Continue reading July 14: How Federal Would the Federal Government be?