Free Society

Brady Campaign — Irrelevence

© 2014 Earl L. Haehl: Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

 

The Brady Campaign talks about requiring universal background checks. This will require online sales and gun show sales to be subject to background checks. This ignores the fact that all dealers are required, as condition of licensure, to conduct background checks. The question is whether the Campaign is grasping at straws or is just generally irrelevent.

First, of the 2.1 blocked sales, these were generally people who were not aware that they were prohibited persons. The fact that they were going through the process indicates that there may be a number of prohibitions that screen individuals who are otherwise law abiding citizens. Note that Mark Kelly, a “gun safety activist” was denied a sale on an AR because his actions indicated he was not, in fact the end recipient of the weapon—he could have been prosecuted for a false statement on his 4473.

Second, all federal law is governed by the Constitution of the United States. The authority of the Gun Control Act of 1968, as Amended, is the Commerce Clause. Dealers are licensed because they deal in “Commerce among the States.” While the preamble of the Act references “Public Safety” there is no (nul, zip, nada) grant of power to Congress in this area.

And, despite the people, such as my wife, who believe there are inherent powers, this was a deliberate omission because the “framers” assumed that public safety was one of those general governmental functions the States would perform. Further, the anti-federalists pushed through an amendment which stated “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” In other words, before the late Nineteenth Century, when Congress discovered the Commerce Clause as a means to enact criminal penalties, there was a general belief that the safety of the population was a function of the States which have independent sovereign powers as opposed to delegated powers. (No, the Fourteenth Amendment did not repeal the Tenth, and the Tenth Amendment does supersede both the Commerce Clause and the Supremacy Clause.)

Now to the nitty-gritty. My wife sold a shotgun to an individual in another state through Gunbroker.com. We shipped through a dealer to the buyer’s dealer. The transaction was handled through the normal process. I have purchased weapons from companies that deal on the internet—in those instances the weapon was sent to my dealer and I filled out the 4473 and my dealer ran the background check. In other words, the Brady Campaign has been disingenuous in this claim.

At gunshows, dealers use the 4473 process. But individuals will sometimes bring items they want to trade or sell. There is no jurisdiction to regulate these sales at the federal level. The Peoples Democratic Republic of California does regulate all transfers, but that is at a State level. I have had to go through background checks for most of my purchases—no, money under the table will not substitute and there are ATF agents at most shows. If someone is dealing commercially without a license, then the ATF needs to make a case and prosecute.

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Citizenship, Preparedness

21 August 1863 – The cost of non-resistance

© 2013 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

Today is August 21, 2013. 150 years ago, Major William “Bloody Bill” Anderson led his raiders into Lawrence, Kansas, and committed murder and mayhem on the civilian population although the killing was limited, for the most part, to males of military age—remembering that in 1863, young en as young as twelve were found in the military service of both the United States of America and the Confederate States of America.

About 10 am, William Clark Quantrill, Anderson’s “commander,” arrived in town, ate breakfast, gave orders to spare a hotel where he had once resided, and left. This was an irregular band or conglomeration of bands of raiders and command structure was sometimes confusing, but Bill Anderson had loose command.

What had happened in Lawrence that I find disturbing is that armed resistance was rare and sporadic. A Colonel Bullene and two of his sons were on leave. When raiders rode up to the Bullene residence, they were greeted with gunfire and decided to go elsewhere. There was a farmer named Levi Gates who grabbed his muzzle loader and went hunting and got two or three raiders before being cut down.

Three weeks before the raid the New England contingent among the city fathers had decided that the militia weapons would be “safer” in a central armory than in homes—anyone who thinks this bit of information did not get back to Quantrill and company needs a reality check.

It is not that the city did not know about the possibility of a raid. On 21 May 1856, the Sheriff of Douglas County, Samuel Jones, sacked the city to destroy free state and abolitionist newspapers and the Free State Hotel. However, the lessons of vigilance fade in time.

A personal note: My family were of the New England Puritan culture. When I went to a candlelight vigil some years back, there was a reading of names which included a number of Palmers and Griswolds—not ancestors but probably related.

In September of 1863, the Confederate Congress amended the Partisan Ranger Act to apply only to those partisan units operating also as regular cavalry. Neither Quantrill nor Anderson survived the war but a remnant of Anderson’s men in Western Missouri reconstituted themselves as the James-Younger gang.

On February 13, 1866, a group of about a dozen former members of Anderson’s outfit—including Frank James and Coleman Younger—robbed the Clay County Savings Association. This was the first daytime bank robbery during peacetime and netted $60,000 according to the robberies page of angelfire.com. For the next ten years, the James-Younger gang was unstoppable in Missouri.

On September 7, 1876, the gang ventured into “Yankee” territory again. This time it was Northfield, Minnesota. This time, however, there was armed resistance. Townspeople grabbed weapons and the gunstore handed out new Winchesters. Frank and Jesse James managed to escape through the Dakota territory and got back to Missouri—the armed response and ensuing manhunt resulted in death or incarceration of most of their confederates. The total take was $26.70 because they took the word of the acting cashier that there was a time lock on the safe.

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Citizenship, Economy, Free Society

Immigration — protection or protectionism

(c) 2013 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

If you are committed to populist and progressive myths about protecting jobs through immigration laws you do not need to read further. If, like my wife, you believe that the United States government has “inherent” powers to control immigration, I recommend reading Solburg, Winton L, ed., The Constitutional Convention and the Formation of the Union, second edition.

Let’s start with the Constitution. Article I, Section 8, defines the powers of Congress. Paragraph 4 says, “To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;” This deals with uniformity of laws and deals with the issue of naturalization, not immigration.

The only paragraph that mentions migration is Article 1, Section 9, Paragraph 1 which reads, “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.” This was a reference to the slave trade and the migration of indentured servants. It expired in 1808 and the slave trade was abolished. This was a compromise to keep Georgia and South Carolina in the Compact—George Mason proposed immediate elimination of the slave trade and elimination of slavery by 1800. In no way does this paragraph provide for regulation of voluntary immigration.

Article XIV of Amendment begins, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

So the Constitution does not give a whole lot of guidance. And the early laws did not deal with immigration. Even John Adams, the founding godfather of the progressive movement, did not get Congress to restrict immigration from France in 1898, but rather to require an extended residency period for naturalization.

During the 1840s a number of nativist groups emerged and advocated controlling immigration and deporting aliens. In the late 1860s it turned out that the aliens—specifically Irish and Chinese turned out to be necessary to the completion of the Transcontinental Railroad. Abraham Lincoln and Grenville Dodge had ignored the War Department’s surveys and drawn a line on a map. To execute the Western third of that line required disciplined workers who could be careful with explosives and reliable. These were the Chinese, whom the Anglo-Californians were trying to get rid of.

In 1875 that the first limitation on immigration was passed (the Page Act). Employers were prohibited from importation of “coolie labor” and Chinese sex workers. In 1882 came the Chinese Exclusion Act. It should be noted that both the 1875 and 1882 Acts violated the Burlingame Treaty of 1868 which was renegotiated in 1880.

The current quota based immigration system dates back only to 1921—more than 130 years after ratification of the Constitution. The latest intrusion is the REAL ID Act, a federal mandate on state issuance of identification justified by the so-called “war on terror.”

The progressive movement (and this includes the neo-conservatives and populists currently posing as conservatives) believes in government expansion by crisis. The attack on the World Trade Center in 2001 was not the ultimate attack on the United States. The REAL ID Act was an advance of central control, nothing more nor less.

The anti-immigration movement (including such national figures as Tom Tancredo and Kris Kobach) is nothing more than economic protectionism dressed up as patriotism—see Dr Johnson’s Dictionary. It is not conservative any more than was the Know Nothing party before the conflict of 1861. Economic protectionism, as many know, was the cause of the 1931 recession that was rebranded the Great Depression for political purposes. Ultimately, immigration has generally been positive although the folks who came in through Ellis Island and were socialized in the New York public schools and their descendants have contributed to the dependency culture—we need some hard-working Mexicans to change this.

 

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Compleat Idler, Economy, Humor, Technology

Short commentary

(c) 2012 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

Susan Rice withdrew from consideration for Secretary of State. No, this will not end the Benghazi debate—it was not the messenger but the message. Obama wanted his narrative.

Obama to meet with Boehner. A headline something like Fighting Intense Near Verdun in 1915 and 16 and 17 and 18. Look for something that kicks the can down the road a year or two.

Michigan passes “right to work.” Do not be surprised by repeal in a couple years.

Obama supports “secular” opposition in Syrian. Of course they can fit in one phone booth. Jordan is next.

Kansas Governor merges adult and juvenile corrections. This is an extremely bad idea which has been around since the early eighties—at least.

Lindsay Lohan is down to one story in today’s Mail—apparently she is impoverished. You might think that playing Elizabeth Taylor might lead her to Paris’s brother Conrad.

There are petitions on the White House website for secession. The state legislators who actually pass secession resolutions are not about to give up their entitlements and funding for their projects by doing so.

Meanwhile there are also petitions to nationalize Twinkies and build a Death Star—the latter being touted as a “jobs engine” on the scale of NASA. I do not see private capital coming forward to finance even part of such a project.

There are some private capital bids for some Hostess trademarks and recipes (take sugar, add high fructose corn syrup, throw in artificial flavors and colors, pump air into the center, throw on some more sugar). Meanwhile, Little Debbie sits there luring customers with her innocent smile—plus sugar, high fructose corn syrup, artificial flavors and colors, sugar frosting, powdered sugar.

There may be something to this petition site. It helps identify the clueless.

The MailOnline reports a decline in the Samurai Caste during the Edo period because of lead poisoning in the make-up they wore. My brother sent me the more nuanced report from MSNBC. As an historical note, in the 1860s the District of Columbia installed new lead water pipes to prevent sabotage of the system. Solutions cause problems.

 

 

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Citizenship, Free Society

Election over – time to pull up the boots

(c) 2012 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

Many “conservatives” will mourn after the election of Statist Obama over Statist Romney. There are those of us with legitimate fears about Obama and gun control, but that is about it and we will have to work harder to prevail. But the truth is, that this was an election about minor tweaks in the progressive agenda, not a “liberal-conservative” matchup. To get a conservative-progressive contest you have to go back to 1964. To get a liberal-progressive contest you go back to 1972.

First of all, no matter what you read in the press or the right alternative media, there is nothing historic or unprecedented in this election. Franklin D Roosevelt was re-elected twice (1936 and 1940) with a worse economic record and unemployment rate—his third reelection came when wartime production skewed the economic reports. Only eighteen Presidents out of forty-four have failed to be reelected—sixteen if you do not count Cleveland. Both Nixon and Clinton were under a cloud of scandal when reelected.

What mistakes did Romney make?

This is the question that will keep pundits busy for about a week at most—a little longer on the alternative media websites—and then it will be limited to the alcohol assisted venues where “conservatives” whine about every election the Republicans did not win. Note: it had nothing to do with Gary Johnson. I do have some observations.

The establishment machine made sure that Ron Paul delegations did not get to the Convention and that Ron Paul delegates were not listed as winning caucuses. People you demonize in August are not real likely to support you in November. I said as much then. Whether it would have made a difference in the electoral college I am not sure, but it could have told voters Romney could be fair.

I have seen Al Gore looser than Romney.

There is a tendency on the part of politicians to share tidbits with key contributors. Unfortunately you should never say anything in any kind of gathering that you do not want known throughout the connected world. (This parallels my advice to high schoolers not to put nude pictures of themselves on facebook or send them to significant parties.) The 47percent remark, regardless of its accuracy or source, hit a nerve in the populace. This is not fair, you say, since Obama seems to be Teflon(tm). Well, the world is what it is. Any politician unaware of the parameters is fair game.

In a debate, Mitt expressed approval of NDAA and the USAPATRIOT Act. This alienated liberty voters. A very considered answer would have addressed the Fourth and Fifth Amendment concerns and been vague enough to make voters think he was considering the issue.

There was no counter to Warren Buffett. Berkshire-Hathaway acquires companies where families are forced by the tax code to divest a profitable company to pay inheritance taxes–this is not that different in strategy from Bain.

Where to from here?

The good news is that the Republican Party is healthier down the ballot than at the top. And there is an opening for liberty minded individuals to influence what is going on. If the Republicans can shift back to the Robert Taft conservatism and pull out of military adventurism, it can start to reduce the size of the federal government.

This is small group by small group process that needs to be implemented now, not at the beginning of a campaign. And it needs to be done without Super PACs.

An agenda.

  1. Decide what to compromise on and what not to. We have much needless gun control legislation because the NRA and other conservative organizations were desperate to compromise rather than look obstructionist. Remember, the anti-federalists forced the Bill of Rights, not as a compromise but as a condition precedent to ratification.
  2. Target legislation for repeal with research. Most of the Homeland Security legislation is “emergency” legislation. The United States was last in a State of War in 1945.
  3. Encourage Tenth Amendment groups in the legislature.
  4. Be ready to force Obama to appoint “vanilla” judges to the Supreme Court. Encourage filibusters if necessary.
  5. Be ready to oppose all UN technical treaties. Support withdrawal from NATO and other organizations which authorize military force contrary to Constitutional constraints.
  6. Support free trade and oppose economic protectionism.

More guidance will come.

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Compleat Idler, Humor

Compleat idler – the Mississippi connection

(c) 2012 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

 

Back in 1945 my Aunt Evangeline, an Episcopalian from Boston, decided she would marry and civilize Boudreau Beauregard Laporte, Jr, who may or may not have been Cajun but had proposed to translate Longfellow’s Evangeline into le francais d’acadie. The result was my cousin Beau who went by BB Laporte, III. Beau married Victoria Mary McDonald, which is how I came to meet her family. These adventures should be understood for what they are.

My “shirttail cousin” Bubba McDonald who practices divorce law in Mississippi (the only state with a silent syllable) called me last may after he decided to withdraw from electoral politics. (Like it did any good—he ran in a district he has a vacation home in that has never elected a Republican to the Legislature. As in not ever. Not even during Reconstruction.) So the family political legacy fell to the twins Bragg and Buford—all the boys were named after Confederate generals though the family had moved down from Ohio in the 1920s, but “Gramps” McDonald had political aspirations not realizing that there were long memories. Long memories included that rascal Crockett coming down from Tennessee to promote the National Bank in 1829—and escaping with no tar. The county was posted “No Whigs.”

Bubba had an idea that it might be better to go statewide so he made a speech in Oxford in favor of gay marriage—offending both the Tea Party and the Republican establishment. He was promptly put forward to the Board of the “Family Law Group.” This is an association of divorce lawyers who believe every person has the right to have his/her property divided by a judge.

At any rate he relayed to me the following email.

Sorry to hear about your hand and the humidity down here. Am out of politics for the time being, but Bragg filed for the legislature.

And when I walked into Newt’s Waffle House, all the discussion was on the scandal of 75 which caused Bragg to quit his job with the Ag Dept and go back to gunsmithing which he does better than entomology anyhow.

Seems that back that year Buford was having problems with the cotton crop. My suggestion had been to dredge out the blockage between the field and the bayou (and I do not mean that bar in Oxford where you and Beau Laporte are personae non gratae) and farm catfish, shrimp and crawdads. But Bragg said he would rent Buford a couple boll weevils from the batch he was experimenting on. Said they should produce a big enough infestation to get a $60,000 eradication grant. Problem was, the were both male and you know Buford. What Buford knows, everybody in Ma’s Roadhouse knows which means everybody in three counties knows.

The NRA will back Bragg if Old Man Carson does not seek reelection. And since everybody remembers 75 (hell, they remember the War of 1812 like it was yesterday and we have lived here long enough that Cap’n Jack McDonald had a Company of Militia at New Orleans) he is using the slogan, “The lessor of the weevils.”

Take care of yourself up in Yankeeland and get down here when you can. We’ll get Beau’s skiff and a case of Dixie and go after the big cats.

Regards,

 

Pete

 

Pierre GTB (Bubba) McDonald, Esq

Divorce and Personal Injury

I was not sure what (if any) reply would be appropriate.

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Citizenship

Debates – if you have nothing better to do

(c) 2012 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

Thinking about debates I have always regarded them as roughly less interesting than going in a spare room and measuring how much the wallpaper has peeled since the last go round.

Some thoughts regarding debates and polls.

Explaining the shift in polls after the first debate indicates that the debate gave an nation a side by side look at the candidates showed that a) people were waiting to see how strong Romney could come off, or b) some people were waiting to see Obama as less than invincible (therefor inevitable), or…

The big OR. Or the electorate is highly fluid. If the tables turn in the next couple debates—or shift with each one—the electorate is also extremely volatile and the demagogue who gets the last shot may win.

Do not worry about prevarication. Lies about economic plans are relative. Paul Krugman, who will not debate an Austrian school economist, is not an expert worth listening to. Romney ignores the fact that we have not had real capitalism in this country since before the passage of anti-trust in 1890, and certainly before the Federal Reserve Act of 1913. Obama, who snagged the name of a defunct CPUSA publication as a campaign slogan, lives in a fantasy world of centrally planned economy. His one venture into relevance was his reference to Lincoln—in those days Presidents did not propose or advocate legislation and the one of the three that required expenditure of funds was the Transcontinental Railroad in which he had a vested personal financial interest.

And I have a question for those who place great stock in the debates. Who cares or even remembers Quemoy and Matsu?

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Citizenship, Free Society

RINO, DINO, who really cares?

(c) 2012 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

O wad some Pow’r the giftie gie us
To see oursels as ithers see us! — Robert Burns

As I sit here watching the political infighting among Republicans I can see why they remain a minority party. One of the key words I here is RINO. The concept is that the individual is a Republican for the purpose of getting elected. It is a matter of perspective. Bob Dole mused that when he was deciding to run for County Attorney he weighed the number of Republican voters as opposed to Democratic voters in Russell County.

Now I would point out that in 1956, George Docking, a lifelong Republican, having been previously rebuffed for the Republican nomination for Governor of Kansas, registered and filed as a Democrat. The term DINO was not used. He won and his son Bob also won as a Democrat. Back then the lines were not drawn as sharply as in the national parties.

Jim Pearson, whose Republican credentials no one questions, switched from the Democratic Party to be appointed and thereafter elected as a United States Senator from Kansas.

Joan Finney, a Republican County Commissioner in Shawnee County, became upset when her mentor Frank Carlson did not support her for Second District Representative. She became a Democrat and ran for State Treasurer. She was elected and reelected and eventually elected Governor.

For a good deal of my life the major parties have been non-ideological. I identify as a Goldwater, conservative and see individual liberty, not populist family values, as defining my philosophy. What that may mean is that I will be at odds with those in power—and I have been a Republican longer than many of them have been alive.

The problem I see is that some of the Republicans calling others RINO are basically Populists in the guise of conservatives. Those who know history know that the Populists, with the aid of the Secretary of State, took control of the legislature until the Kansas Supreme Court certified the results of the County Clerks (whose authority is not subordinate to that of the Secretary of State) and the Republicans, aided by Winchester Arms, took the Statehouse back.

Now that Romney has been nominated he has become the “conservative” answer to Obama. That is not what the “conservatives” were saying at the time of the primaries and the caucuses. So what we have is a “center left” Romney as opposed to a “hard left” Obama, both of whom would have fewer problems with a Democratic Congress than a Republican one.

To find a conservative candidate we need to go back to 1964. No, Ronald Reagan was not a conservative, he was a Teddy Roosevelt progressive with conservative—even some libertarian—tendencies. Look at the record. Call him RINO. No, nor would anyone call Teddy Roosevelt who had plans to amend the Constitution to centralize power in the executive a RINO. They are part of the Pantheon.

And the question is: what happened to the “big tent” after it let in southern populists? And are Republicans going to get elected by trashing other Republicans?

 

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Economy

Unemployment drops – Are you impressed?

(c) 2012 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

So the unemployment rate dropped below 8 percent. October surprise? We will not know whether this is a sign of recovery for another six to twelve months. This is, of course, a figure that both parties will spend time spinning this figure. (How many campaign spinners will be out of work on 7Nov?) But how much does the figure really mean.

The unemployment rate is based on the number of individuals in the Civilian Work Force unemployed as opposed the total number of persons in the Civilian Work Force. This latter figure is the number of persons ages 16 through 64 minus undocumented aliens, military and naval personnel, the incarcerated, full time students, those committed to mental institutions, those working part time, the disabled (under SS guidelines), those who have ceased seeking employment and those whose unemployment benefits have expired.

I have heard estimates that the “actual” unemployment rate stands anywhere from 11 to 28 percent. Without actual figures there is no way to state an actual percentage and the Bureau of Labor Statistics numbers are, however flawed, what we have to work with. The interesting thing is that both the right and left actually defend or attack BLS depending on who is in office. I have been told by Republicans that 4.9 percent figure was actually too high because it ignored those on unemployment who were “scamming” the system. I was also told by members of the other party that the same figure is too low because it ignores “underemployment.”

Sorry. I know there are scammers. They show up for interviews and get their card stamped, but deliberately offend the hiring authority and get another week by showing that they were “looking.” Near the end of their eligibility they obtain employment which they keep long enough to have worked in two quarters and then be discharged for less than competent work. The number of these folks is not large but they do exist. They will take advantage of any system—the system just needs to figure them out.

Sorry. I do not buy the “underemployment” argument any more than I buy the “overqualified” argument in denying someone employment.

So we are dealing with the numbers BLS uses. But what, statistically, is the difference between 7.8 percent and 8.2 percent? In terms of who is work and who is not, you have to look at factors of economic activity as well. Are factory orders increasing? Is output increasing?

Does the American manufacturing sector show an increase or are these jobs based on the fluctuation of the retail system or the increase of freelance companies wherein the self employed have decided to go it without the capital base they need because there are no other options? And if so, how much of this is going to last? I had a discussion with my late father-in-law back in the late 80s about the surge of service sector jobs without an agricultural or manufacturing base to support them.

Right now, through the Quantitative Easing, the Fed is creating money without wealth. The created money will possibly create some employment in the financial sector—until the next bubble bursts. Without real wealth creation, reduction of unemployment is temporary at best.

To butcher a saying from Abraham Lincoln, “You cannot fool all the people all the time, but you can possibly fool a plurality through election day.”

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Citizenship, Education, Free Society

Credit where due

(c) 2012 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

James Madison, Jr, took copious notes at the federal convention and fleshed them out between sessions. That he was one of the instigators of the convention is not disputed. That he participated in the ratification process and eventually put the Bill of Rights (as well as the Twenty-seventh Amendment) in their current form are matters of record.

But he is not the Father of the Constitution or the Father of the Bill of Rights. Most of the language in the Constitution proper comes from the literary abilities of Gouvernor Morris of Pennsylvania and the Bill of Rights is a (poor) adaptation of the Virginia Declaration of Rights produced by Col George Mason.

Col Mason believed a bill of rights needed to be the first article of any Constitution—he had done it that way in Virginia. Although present, he declined to sign the document for lack of the Bill of Rights and worked to prevent ratification in Virginia. Elbridge Gerry of Massachusetts did the same. Edmund Randolph did not like the document and declined to sign.

The Bill of Rights was the result of the anti-federalist movement. Madison was only a drafter, not being particularly invested in the project—he had argued for ratification without a bill of rights. His version of the Second Amendment lacks the admonitions against standing armies found in the Virginia Declaration.

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