I read today Justice Breyer stating the Founder wanted Gun Control ( http://www.foxnews.com/politics/2010/12/12/breyer-founding-fathers-allowed-restrictions-guns/ ) His contention is regards to Madison whom he states as saying, "was worried about opponents who would think Congress would call up state militias and nationalize them. 'That can't happen,' said Madison,". Justice Breyer's assertion is that Madison was only wanting to get the Constitution ratified (Madison was very concerned about this) and he was willing to do what was needed to do it (This slaps history's senses in the face).
Their are two huge problems with Breyer's assertion.
1. Madison initially felt the Bill of rights was unneeded. So if we are to use Breyer's logic, should the whole Bill of Rights be disregarded because Madison did not believe it was needed? Madison became the Father of the Bill of Rights (with George Mason), not because he believed them necessary, but because both his State REQUIRED it for their approval of the Constitution, as did several other States.
2. One man did not Ratify the Bill of rights. Even though he was very instrumental in the drafting, it still took 2/3 of each brach and 3/4 of the States to Ratify them. It matters what THEY felt they meant, not just a sole person.
Breyer also makes one more point, the single biggest which I think leads to the dismissal of his assertion, "Founding Father James Madison was more worried that the Constitution may not be ratified than he was about granting individuals the right to bear arms". Only a pragmatist who is willing to view the Constitution not for what it is, but what he thinks it should be, would ever think for second, that the Founding Founders thought they were granting the People any Rights, instead of what they were doing, which was Granting Rights Already solely possessed by the People to Government, for the sole purpose of protecting ALL of their rights.
Read more: http://www.foxnews.com/politics/2010/12/12/breyer-founding-fathers-allowed-restrictions-guns/#ixzz17vmxYmCK
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