Understanding Our Constitution,
Bill of Rights, & Second Amendment
"The sentiment of the time strongly disfavored standing armies; the common view was that adequate defense of country and laws could be secured through the Militia, civilians primarily; soldiers on occasion. The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically Capable of acting in concert for the common defense. (A body of citizens enrolled for military discipline). And further, that ordinarily, when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time".
Supreme Court Ruling - United States v. Miller, 307 U.S. 174 - 1939
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10/19/2005 - Welcome to Scribe's "Live Free Or Die" Web Site. The purpose of this site is to try and Educate the Visitor as to the Meaning and Intent of the Founding Fathers when they Wrote Our Constitution, Bill of Rights, and Second Amendment. All Three have one thing in Common: an emphasis on Liberty, Freedom, and the Unalienable Rights of Every Individual! And while I am no scholar, I have spent the past 12 years researching these very subjects. I am 43; have been Married these past 20 years to the Greatest Woman a Man could ever Hope for, and I have Two Sons, 18 and 15. My Family and I have lived happily for the Past 8+ years in the White Mountains of Northern NH, nestled between the Beauty of the Rugged Mountains, and the Pine and Maple Forrests. |
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New Articles From SCRIBE!
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An Important Article Every Liberty Minded Individual Should Read:
THE 'CIVIL FLAG' - FORGOTTEN FLAG; OR FLAG OF FICTION?
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An Important Article Every Christian Should Read:
The True Sabbath - Is Saturday the Day To Keep?
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Table of Contents - What's Here On The 'Live Free or Die' Site
(Click on a Subject To Go Directly There)
Founding Documents of the Constitutional Republic of the United States
My Articles on the Constitution, Bill of Rights, and the Second Amendment
"A statute which, under the pretence of regulating, amounts to a destruction of a Right, or which requires Arms to be so borne as to render them wholly useless for the purpose of defense, would be Clearly Unconstitutional" - (Alabama Supreme Court Ruling of 1840).
Founding Documents of the Republic of the United States of America
The Declaration of Independence
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"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed; That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness" - (Declaration of Independence - July 4th, 1776).
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Click On The Document Above To Open A Declaration of Independence Web Site
The Bill of Rights
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New Hampshire State Constitution (1784): Article 2. - Natural Rights: All persons have certain Natural, Essential, and Inherent Rights; among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness".
"The corrupting nature of power, and its insatiable appetite for increase, hath proved the necessity, and procured the adoption of the strongest and most express declarations of that Residuum of Natural Rights, which is not intended to be given up to Society; and which indeed is not necessary to be given for any good social purpose". (Richard Henry Lee in Letters Dated - October 1st and 5th, 1787) |
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Click On The Document Above To Open A Bill of Rights Web Site
The Constitution of the United States
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"The United States shall guarantee to every State in this Union a Republican Form of Government" - US Constitution - Article IV -Section 4. & “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; shall be the supreme Law of the Land” - US Constitution - Article VI - Clause 2.
"Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes" - Benjamin Franklin (November 13, 1789). & "An act of the legislature, repugnant to the Constitution, is void" - Supreme Court Chief Justice John Marshall - Marbury vs. Madison (1803). |
Click On The Document Above To Open A U.S. Constitution Web Site
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SCRIBE'S ARTICLES ON THE CONSTITUTION, BILL OF RIGHTS,
AND THE SECOND AMENDMENT
“This may be considered as the true palladium of liberty… The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction”- (St. George Tucker - On Blackstone's Commentaries: With Notes of Reference to the Constitution + Laws of the Federal Government of the United States + the Commonwealth of Virginia -1803).
Our Founding Fathers
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Richard Henry Lee
- "To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them .... The mind that aims at a select militia [like today's National Guard], must be influenced by a truly Anti-Republican principle."
"Why then, sir, why do we longer delay? Why still deliberate? Let this happy day give birth to an American Republic. Let her arise, not to devastate and to conquer, but to reestablish the reign of peace and of law. The eyes of Europe are fixed upon us: she demands of us a living example of freedom, that may exhibit a contrast in the felicity of the citizen to the ever increasing tyranny which desolates her polluted shores. She invites us to prepare an asylum, where the unhappy may find solace, and the persecuted repose” - Richard Henry Lee in Congress, June 7, 1776. |
Click On Photo: For A Richard Henry Lee Web Site
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Patrick Henry
- "Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."
"It is in vain, sir, to extenuate the matter. Gentlemen may cry, Peace, Peace; but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death" - Patrick Henry - March 23, 1775. |
Click On Photo: For A Patrick Henry Web-Site
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Samuel Adams
- "The said Constitution [shall] be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms."
"Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can... Just and true liberty, equal and impartial liberty, in matters spiritual and temporal, is a thing that all men are clearly entitled to by the eternal and immutable laws of God and nature" - Samuel Adams - Rights of the Colonists (Nov. 20, 1772) "If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; May your chains set lightly upon you, and may posterity forget that ye were our countrymen" - Samuel Adams |
Click On Photo: For A Samuel Adams Web-Site
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James Madison
- "The right of the people to keep and bear arms shall not be infringed. A well regulated militia, composed of the people, trained to arms is the best and most natural defense of a free country" - James Madison - First Draft of the Second Amendment.
"Each State, in ratifying the Constitution, is considered as a Sovereign body, Independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution... The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite... The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments, in times of peace and security" - James Madison - Federalist No. 39 (January 1788). "There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations" - James Madison - speech to the Virginia Ratifying Convention, June 16, 1788. "Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths" - James Madison - Federalist No. 10 (November 23, 1787) |
Click On Photo: For A James Madison Web-Site
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George Mason
- "I ask, sir, what is the militia? It is the whole people, except for a few public officials". & "To disarm the people is the best and most effectual way to enslave them." George Mason - Virginia's Convention to Ratify the Constitution (1788).
"That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense 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" - George Mason - The Virginia Declaration of Rights - Section 13 (June 1776). |
Click On Photo: For A George Mason Web-Site
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Tench Coxe
- "Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man gainst his own bosom? Congress have no power to disarm the militia. Their swords and every other terrible implement of the soldier, are the birthright of an American. The unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people" - Tench Coxe - The Pennsylvania Gazette (February 20, 1788).
"As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms" - Tench Coxe in ‘Remarks on the First Part of the Amendments to the Federal Constitution - Philadelphia Federal Gazette (June 18, 1789). |
Click On Photo: For A Tench Coxe Web-Site
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Noah Webster
- "Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power" - Noah Webster - An Examination of the Leading Principles of the Federal Constitution (1787).
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Click On Photo: For A Noah Webster Web-Site
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Thomas Jefferson
- "When governments fear the people there is liberty. When the people fear the government there is tyranny.... The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."
"Laws that forbid the carrying of arms…disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." Thomas Jefferson, quoting Cesare Beccaria in On Crimes and punishment - 1764. |
Click On Photo: For A Thomas Jefferson Web-Site
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New Hampshire Militia General John Stark
- Hero of Bunker Hill and the Battle of Bennington - "Once upon a time, we taught the enemies of liberty that undisciplined freemen are superior to veteran slaves... The lamp of life is almost spent… Until I go to the country from whence no traveler returns. I must soon receive my marching orders.. Live free or Die. Death is not the worst of evils" - General John Stark (July 31, 1809).
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Click On Photo: For A General John Stark Web-Site
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George Washington
- "Against the insidious wiles of foreign influence, (I conjure you to believe me fellow citizens) the jealousy of a free people ought to be constantly awake; since history and experience prove that foreign influence is one of the most baneful foes of Republican Government" - George Washington, Farewell Address, September 19, 1796.
"Having now finished the work assigned me, I retire from the great theatre of Action; and bidding an Affectionate farewell to this August body under whose orders I have so long acted, I here offer my commission, and take my leave of all the employments of public life" - George Washington, Address to Congress on Resigning his Commission, December 23, 1783. |
Click On Photo: For A George Washington Web-Site
"In the Militia Act of 1792, the second Congress defined ‘Militia of the United States’ to include almost every free adult male in the United States. These persons were obligated by law to possess a firearm and a minimum supply of ammunition and military equipment... There can by little doubt from this that when the Congress and the people spoke of a ‘Militia’, they had reference to the traditional concept of the entire populace capable of bearing arms, and not to any formal group such as what is today called the National Guard. The purpose was to create an armed citizenry, which the political theorists at the time considered essential to ward off tyranny" - (1982 Report by the U.S. Senate Subcommittee on the Constitution, The Right To Keep And Bear Arms – Preface - Orrin G. Hatch).
The Spaying of our Skies over Northern
New Hampshire
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