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jimmy the one

(2,774 posts)
6. state constitutions circa 1787
Mon Mar 9, 2015, 11:28 AM
Mar 2015

X-digger: Why would Madison (among others) write protection of an individual right into their respective state constitutions if it was to be some 'collective' right? Some of those were written before the federal constitution, some at the same time, some after.

These are the 'have arms' decrees in 8 states constitutions circa prior to the federal constitution. Tell me which ones were solely 'individual' rights decrees? None were, they hinged upon the militia common defense (militia centric):

Eight of the original states enacted their own bills of rights prior to the adoption of the United States Constitution. The following states included an arms-rights provision in their state constitutions:

VIRGINIA (June 12, 1776) That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases, the military should be under strict subordination to, and governed by, the civil power.

DELAWARE(September 11, 1776) That a well-regulated militia is the proper, natural and safe defence of a free government.

PENNSYLVANIA (Sep 28, 1776) That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.

MARYLAND (November 11, 1776) That a well-regulated militia is the proper and natural defence of a free government.

NORTH CAROLINA (December 18, 1776) That the people have a right to bear arms for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under the strict subordination to, and governed by, the civil power.

VERMONT (July 8, 1777) That the people have the right to bear arms for the defence of themselves and the State

MASSACHUSETTS (October 25, 1780) The people have a right to keep and bear arms for the common defence.

NEW HAMPSHIRE (June 2, 1784) A well regulated militia is the proper, natural, and safe defence of a state.


In addition to these legislative enactments of bills or declarations of rights, there were numerous other proclamations being promulgated at the time.

NEW YORK CONVENTION (July 7,1788) That the militia should always be kept well organized, armed and disciplined, and include, according to past usages of the states, all the men capable of bearing arms, and that no regulations tending to render the general militia useless and defenceless, by establishing select corps of militia, of distinct bodies of military men, not having permanent interests and attachments to the community, ought to be made.
NEW YORK CONVENTION (July 26,1788) That the people have the right to keep and bear arms; that a well-regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state.

RHODE ISLAND RATIFICATION CONVENTION (May 29, 1790) That the people have a right to keep and bear arms; that a well-regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state.



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