TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 11 P30

Gale Encyclopedia of American Law Volume 11 P30 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW DISTRICT OF COLUMBIA V. HELLER 277 civilian uses of firearms. When Madison prepared his first draft and when that draft was debated and modified it is reasonable to assume that all participants in the drafting process were fully aware of the other formulations that would have protected civilian use and possession of weapons and that their choice to craft the Amendment as they did represented a rejection of those alternative formulations. Madison s initial inclusion of an exemption for conscientious objectors sheds revelatory light on the purpose of the Amendment. It confirms an intent to describe a duty as well as a right and it unequivocally identifies the military character of both. The objections voiced to the conscientious-objector clause only confirm the central meaning of the text. Although records of the debate in the Senate which is where the conscientious-objector clause was removed do not survive the arguments raised in the House illuminate the perceived problems with the clause Specifically there was concern that Congress can declare who are those religiously scrupulous and prevent them from bearing arms. 25 The ultimate removal of the clause therefore only serves to confirm the purpose of the Amendment-to protect against congressional disarmament by whatever means of the States militias. The Court also contends that because Quakers opposed the use of arms not just for militia service but for any violent purpose whatsoever ante at 2796 the inclusion of a conscientious-objector clause in the original draft of the Amendment does not support the conclusion that the phrase bear arms was military in meaning. But that claim cannot be squared with the record. In the proposals cited supra at 2833 -2834 both Virginia and North Carolina included the following language That any person religiously scrupulous of bearing arms ought to be exempted upon payment of an equivalent to employ another to bear arms in his stead emphasis added .26 There is

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