text: Thom Hartmann: The Second Amendment Was Ratified to Preserve Slavery 
   
   Founders Patrick Henry, George Mason, and James Madison were totally clear on that ... and we all should be too. 
   
   The real reason the Second Amendment was ratified, and why it says "State" instead of "Country" (the Framers knew the difference - see the 10th Amendment), was to preserve the slave patrol militias in the southern states, which was necessary to get Virginia's vote. Founders Patrick Henry, George Mason, and James Madison were totally clear on that . . . and we all should be too. 
   
   In the beginning, there were the militias. In the South, they were also called the "slave patrols," and they were regulated by the states. 
   
   In Georgia, for example, a generation before the American Revolution, laws were passed in 1755 and 1757 that required all plantation owners or their male white employees to be members of the Georgia Militia, and for those armed militia members to make monthly inspections of the quarters of all slaves in the state. The law defined which counties had which armed militias and even required armed militia members to keep a keen eye out for slaves who may be planning uprisings. 
   
   As Dr. Carl T. Bogus wrote for the University of California Law Review in 1998, "The Georgia statutes required patrols, under the direction of commissioned militia officers, to examine every plantation each month and authorized them to search 'all Negro Houses for offensive Weapons and Ammunition' and to apprehend and give twenty lashes to any slave found outside plantation grounds." 
   
   It's the answer to the question raised by the character played by Leonardo DiCaprio in Django Unchained when he asks, "Why don't they just rise up and kill the whites?" If the movie were real, it would have been a purely rhetorical question, because every southerner of the era knew the simple answer: Well regulated militias kept the slaves in chains. 
   
   Sally E. Haden, in her book Slave Patrols: Law and Violence in Virginia and the Carolinas, notes that, "Although eligibility for the Militia seemed all-encompassing, not every middle-aged white male Virginian or Carolinian became a slave patroller." There were exemptions so "men in critical professions" like judges, legislators and students could stay at their work. Generally, though, she documents how most southern men between ages 18 and 45 - including physicians and ministers - had to serve on slave patrol in the militia at one time or another in their lives. 
   
   And slave rebellions were keeping the slave patrols busy. 
   
   By the time the Constitution was ratified, hundreds of substantial slave uprisings had occurred across the South. Blacks outnumbered whites in large areas, and the state militias were used to both prevent and to put down slave uprisings. As Dr. Bogus points out, slavery can only exist in the context of a police state, and the enforcement of that police state was the explicit job of the militias. 
   
   If the anti-slavery folks in the North had figured out a way to disband - or even move out of the state - those southern militias, the police state of the South would collapse. And, similarly, if the North were to invite into military service the slaves of the South, then they could be emancipated, which would collapse the institution of slavery, and the southern economic and social systems, altogether. 
   
   These two possibilities worried southerners like James Monroe, George Mason (who owned over 300 slaves) and the southern Christian evangelical, Patrick Henry (who opposed slavery on principle, but also opposed freeing slaves). 
   
   Their main concern was that Article 1, Section 8 of the newly-proposed Constitution, which gave the federal government the power to raise and supervise a militia, could also allow that federal militia to subsume their state militias and change them from slavery-enforcing institutions into something that could even, one day, free the slaves. 
   
   This was not an imagined threat. Famously, 12 years earlier, during the lead-up to the Revolutionary War, Lord Dunsmore offered freedom to slaves who could escape and join his forces. "Liberty to Slaves" was stitched onto their jacket pocket flaps. During the War, British General Henry Clinton extended the practice in 1779. And numerous freed slaves served in General Washington's army. 
   
   Thus, southern legislators and plantation owners lived not just in fear of their own slaves rebelling, but also in fear that their slaves could be emancipated through military service. 
   
   At the ratifying convention in Virginia in 1788, Henry laid it out: 
   
   "Let me here call your attention to that part [Article 1, Section 8 of the proposed Constitution] which gives the Congress power to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States. . . . 
   
   "By this, sir, you see that their control over our last and best defence is unlimited. If they neglect or refuse to discipline or arm our militia, they will be useless: the states can do neither . . . this power being exclusively given to Congress. The power of appointing officers over men not disciplined or armed is ridiculous; so that this pretended little remains of power left to the states may, at the pleasure of Congress, be rendered nugatory." 
   
   George Mason expressed a similar fear: 
   
   "The militia may be here destroyed by that method which has been practised in other parts of the world before; that is, by rendering them useless, by disarming them. Under various pretences, Congress may neglect to provide for arming and disciplining the militia; and the state governments cannot do it, for Congress has an exclusive right to arm them [under this proposed Constitution] . . . " 
   
   Henry then bluntly laid it out: 
   
   "If the country be invaded, a state may go to war, but cannot suppress [slave] insurrections [under this new Constitution]. If there should happen an insurrection of slaves, the country cannot be said to be invaded. They cannot, therefore, suppress it without the interposition of Congress . . . . Congress, and Congress only [under this new Constitution], can call forth the militia." 
   
   And why was that such a concern for Patrick Henry? 
   
   "In this state," he said, "there are two hundred and thirty-six thousand blacks, and there are many in several other states. But there are few or none in the Northern States. . . . May Congress not say, that every black man must fight? Did we not see a little of this last war? We were not so hard pushed as to make emancipation general; but acts of Assembly passed that every slave who would go to the army should be free." 
   
   Patrick Henry was also convinced that the power over the various state militias given the federal government in the new Constitution could be used to strip the slave states of their slave-patrol militias. He knew the majority attitude in the North opposed slavery, and he worried they'd use the Constitution to free the South's slaves (a process then called "Manumission"). 
   
   The abolitionists would, he was certain, use that power (and, ironically, this is pretty much what Abraham Lincoln ended up doing): 
   
   "[T]hey will search that paper [the Constitution], and see if they have power of manumission," said Henry. "And have they not, sir? Have they not power to provide for the general defence and welfare? May they not think that these call for the abolition of slavery? May they not pronounce all slaves free, and will they not be warranted by that power? "This is no ambiguous implication or logical deduction. The paper speaks to the point: they have the power in clear, unequivocal terms, and will clearly and certainly exercise it." 
   
   He added: "This is a local matter, and I can see no propriety in subjecting it to Congress." 
   
   James Madison, the "Father of the Constitution" and a slaveholder himself, basically called Patrick Henry paranoid. 
   
   "I was struck with surprise," Madison said, "when I heard him express himself alarmed with respect to the emancipation of slaves. . . . There is no power to warrant it, in that paper [the Constitution]. If there be, I know it not." 
   
   But the southern fears wouldn't go away. 
   
   Patrick Henry even argued that southerner's "property" (slaves) would be lost under the new Constitution, and the resulting slave uprising would be less than peaceful or tranquil: 
   
   "In this situation," Henry said to Madison, "I see a great deal of the property of the people of Virginia in jeopardy, and their peace and tranquility gone." 
   
   So Madison, who had (at Jefferson's insistence) already begun to prepare proposed amendments to the Constitution, changed his first draft of one that addressed the militia issue to make sure it was unambiguous that the southern states could maintain their slave patrol militias. 
   
   His first draft for what became the Second Amendment had said: "The right of the people to keep and bear arms shall not be infringed; a well armed, and well regulated militia being the best security of a free country [emphasis mine]: but no person religiously scrupulous of bearing arms, shall be compelled to render military service in person." 
   
   But Henry, Mason and others wanted southern states to preserve their slave-patrol militias independent of the federal government. So Madison changed the word "country" to the word "state," and redrafted the Second Amendment into today's form: 
   
   "A well regulated Militia, being necessary to the security of a free State [emphasis mine], the right of the people to keep and bear Arms, shall not be infringed." 
   
   Little did Madison realize that one day in the future weapons-manufacturing corporations, newly defined as "persons" by a Supreme Court some have called dysfunctional, would use his slave patrol militia amendment to protect their "right" to manufacture and sell assault weapons used to murder schoolchildren. ||||| The President is ready to announce his plans to restrict gun ownership. Most likely, nothing the President proposes will do anything to stop a future Sandy Hook. We know the President understands he is putting Democrats in a terrible spot. We know because he did nothing after the Aurora, CO shooting in the midst of a political campaign. He had to wait so he wouldn’t spook voters. 
   
   Now he will put the Democrats on the line. Senators Baucus, Begich, Hagan, Johnson, Landrieu, and Pryor — all Democrats from very pro-second amendment states who are up for re-election in 2014 — will be in jeopardy when, not if, the President overreaches. 
   
   In all the talk that has happened and will happen, the press and the general public seem willing to ignore the actual purpose of the second amendment. 
   
   The amendment is not about sports. It is not about recreation. It is not about hunting. It is only partly about defending yourself from a criminal. 
   
   The second amendment is about ensuring a “free state.” 
   
   On April 19, 1775, British regulars marched on Lexington and Concord to seize the guns of American colonists that had been stockpiled in case of revolution. 
   
   It may be an abstract concept for us. It may be distant. But when the 1st Congress of the United States met in 1789, the memory of 1775 was fresh. More so, what they saw as an abridgment of their freedoms in 1775, they viewed as an abridgment of their freedoms going back to the Glorious Revolution of 1688. 
   
   Many historians have come to view the American Revolution as a conservative revolution. The revolutionaries believed they were protecting their English rights from the Glorious Revolution of 1688. They were, in effect, revolting to demand the rights they thought they already had as English citizens. It is why, for much of 1775, they petitioned the King, not Parliament, for help because they had, separated by distance and time, not kept up with the legal evolution of the British constitutional monarchy in relation to Parliament. The colonists believed themselves full English citizens and heirs of the Glorious Revolution. 
   
   One of the rights that came out of the Bill of Rights of 1689 in England following the Glorious Revolution was a right to bear arms for defense against the state. The English Bill of Rights accused King James II of disarming protestants in England. That Bill of Rights included the language “That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law.“ 
   
   The Americans, however, saw the British government, via Parliament, begin curtailing the rights of the citizenry in the American colonies. When they formed the federal government with ratification of the Constitution, the colonists, now Americans, were deeply skeptical of a concentrated federal power, let alone standing armies to exercise power on behalf of a government. This is why, originally, the colonists chose to require unanimity for all federal action under the Articles of Confederation that the Constitution would replace. Likewise, it is why many early state constitutions gave both an explicit right to keep and bear arms, but also instructed that standing armies in times of peace should not be maintained. 
   
   Prior to the Civil War, the Bill of Rights only applied to the federal government and that first Congress dropped references to “as allowed by Law” that had been in the English Bill of Rights. The Founders intended that Congress was to make no law curtailing the rights of citizens to keep and bear arms. 
   
   The 2nd Amendment, contrary to much of today’s conversation, has just as much to do with the people protecting themselves from tyranny as it does burglars. That is why there is so little common ground about assault rifles — even charitably ignoring the fact that there really is no such thing. If the 2nd Amendment is to protect the citizenry from even their own government, then the citizenry should be able to be armed. 
   
   There are plenty of arguments and bodies to suggest that we might, as a nation, need to rethink this. The Founders gave us that option. We can amend the Constitution. 
   
   In doing so, we should keep in mind that in the past 100 years Germany, Italy, Russia, Japan, China, and other governments have turned on their people at various times and, in doing so, restricted freedoms starting often with gun ownership. You may think a 30 round magazine is too big. Under the real purpose of the second amendment, a 30 round magazine might be too small. 
   
   Regardless, as the President announces how he will curtail the freedoms of the second amendment, we should remember Justice Robert Jackson’s opinion in West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)
target: – The debate over gun laws brings renewed attention to the debate over the Second Amendment, with two very different takes today from the left and right: Noble intent: Erick Erickson as RedState offers a history lesson. "On April 19, 1775, British regulars marched on Lexington and Concord to seize the guns of American colonists that had been stockpiled in case of revolution," he writes. "It may be an abstract concept for us. It may be distant. But when the 1st Congress of the United States met in 1789, the memory of 1775 was fresh." The amendment is all about protecting citizens from the abuses of their own government. Full post here. Awful intent: Nope, writes Thom Hartmann at Alternet. The Second Amendment was written to protect slavery. The slave states needed militias to keep rebellions in check and were worried the federal government would disband them. That's why the line about a "well regulated militia being the best security of a free country" got changed to "free state" in the final version. Read the full post here.