The real definition of "regulate"

[Ragnar Danneskjold]

I was thinking about how often that word comes up in the Constitution, and how it is often misused for tyrannical ends. This one word and how it is grossly misused might be the single biggest cause of problems regarding constitutional rights. Most statists think that regulate just mean control. But look back to the way words were used in the 1700s. Regulate really meant "to make regular", meaning easy and the same. A well regulated militia really means a fighting force that is trained to the same standard. Take a clue from what the true enlisted non-militia soldiers were called at the time, "Regulars". They were called this because they were part of a recognized unit, under a real chain of command. They wore the same uniforms, had a rank structure that was the same governing every unit, solder and officer. And they were all trained to be the same. A well regulated militia is a militia that is trained and acts the same way. And then there is the "regulation of interstate commerce". Statists again think this means they get to control everything, including the outright banning of things. This is false. The Federal Government has the power to make interstate commerce regular, not to ban it completely. If Michigan were charging Indiana companies an 80% tax to import things into MI, and no other state was doing that, the Feds could step in and say that tax is irregular. It doesn't give the Feds the right to tell each and every state what to charge, what to sell, and what they can't sell. And it certainly doesn't mean that if something has the possibility of crossing a state line, it is subject to banning.

Any thoughts/corrections?

 

[jnyork]

Hard to add too much to that, you have it pretty well nailed down.

 

[Oyeboten]

Hi RD,



Yes...I agree with you.

 

[-v-]

+1 on good post.

Don't think I can add anything, other than I wish more politicians were students (and believers!) of constitutional history.

 

[danprkr]

Hard to add too much to that, you have it pretty well nailed down.

Ditto

Don't think I can add anything, other than I wish more politicians were students (and believers!) of constitutional history.

Why? Then they couldn't have all the power, and might have to find honest work.

 

[Oro]

Yes, your post follows the current legal thinking about what the word means in the context of the constitution and the times thereof. Justice Scalia addressed this head on and along the lines of what you have stated - which has been a part of the academic interpretation of the 2nd Amendment for some time now.

If people have not actually read Justice Scalia's opinion in Heller v D.C., I highly recommend doing so as it is overall very readable, clear, and historically well-reasoned. This, of course, is really what gives "academic" anti-2nd Amendment scholars and lawyers fits - it's basically so sound that you cannot assault it on any historical or contextual grounds. It's pure strict interpretation.

 

[stampsm]

also read the federalist papers by hamilton. they state the eact same thing.

 

[ArfinGreebly]

Moved To Legal

Rather than close this thread, I've moved it to legal -- given that it discusses law and not guns directly.

Carry on.

 

[Ohio Gun Guy]

Agree completely.....

This would be an answer based in logic and fact, however the only problem, the other side isnt really arguing, what they are putting forward. They always throw out these theories base on someones definition of "is" and we have to argue it. They're really after what ever method eliminates our right to keep and bear arms. Now its on to the next pipe dream....:banghead:

 

[Archie]

Just to add a little bit...

Firearms which shoot to the sights are said to be 'regulated'.

It's a slight variant of the same meaning, as in '... doing what it's supposed to do.'

 

[Cannonball888]

Regulate really meant "to make regular", meaning easy and the same.

I have irregularity.

 

[stickhauler]

I Agree (And A Couple of Points)

The word "regulate" as it applies to the 2nd amendment was meant as the founders felt a similar caliber/type of firearm for soldiers of a militia was the desired way of doing things, as militia in the Revolutionary War were often armed with a variety of firearms. In regulating to a similar caliber/type weapon, if a solders firearm malfunctioned, or if they ran out of ammo, the weapon/ammo of their fellow soldiers would be usable by the soldier who's weapon broke, or who ran out of ammo.

The point? Many credit the Federalist Papers as a defining source for information as to how the Constitution was written/interpreted by men of the day. Most ignore the fact that the Federalist Papers were published in newspapers only in the New York City area at the time, and representatives of other states/areas never had access to them, nor did they likely ever read them.

 

[Dr. Fresh]

I'm curious as to why Scalia has maintained the view that the commerce clause gives the government the power to ban certain items.

 

[Dex Sinister]

And the O.E.D. says:

REGULATE v.:
1. a. trans. To control, govern, or direct by rule or regulations; to subject to guidance or restrictions; to adapt to circumstances or surroundings.
c1630 MEAD in Ellis Orig. Lett. Ser. II. III. 263 A freind of his sent him two or three Doctors to regulate his health. 1644 MILTON Areop. (Arb.) 50 If we think to regulat Printing,..we must regulat all recreations and pastimes. 1682 DRYDEN Prol. Loyal Brother 3 Critics would regulate Our theatres, and Whigs reform our State. 1729 BUTLER Serm. Wks. 1874 II. 8 Desire of esteem..was given us..to regulate our behaviour towards Society. 1792 Anecd. W. Pitt I. iv. 75 Can freedom be regulated without being..in some part destroyed? 1836 J. GILBERT Chr. Atonem. ix. (1852) 296 Mercy must be in some way regulated by regard to righteousness. 1877 SPARROW Serm. vi. 81 He that reduced the material world to order, can regulate and direct the mind.
refl. 1672 MARVELL Corr. Wks. (Grosart) II. 405 Having received your letter.., according to which I shall regulate myselfe upon occasion. 1779 JOHNSON Let. to Mrs. Thrale 6 Apr., Does he direct any regimen, or does Mr. Thrale regulate himself?

b. To bring or reduce (a person or body of persons) to order. Obs.
1646 FAIRFAX (title) Orders Established..for Regulating the Army. 1654 BRAMHALL Just Vind. vi. (1661) 127 He might have..called a Councel, regulated him, and reduced him to order and reason. 1685 LUTTRELL Brief Rel. (1857) I. 341 In other buroughs..they have new regulated the electors by new charters. 1687 Ibid. 421 There are 6 commissioners appointed, who are to inspect all the corporations of England, and regulate them, by turning out such as are against the taking away the penall lawes and test. 1839 Southern Lit. Messenger (U.S.) Mar. 220/1 They had dropped hints of their intending, before long, to ‘regulate old Jerry Jackson’, who, they said, had been stealing corn.

c. To correct by control. Obs. rare.
a1680 BUTLER Rem. (1759) I. 218 To regulate the Errors of the Mind. 1682 WOOD Life 17 June (O.H.S.) III. 22 The chancellor's letters for regulating the rudeness and miscarriage of the Masters in Convocation.

2. To adjust, in respect of time, quantity, force, etc., with reference to some standard or purpose; esp. to adjust (a clock or other machine) so that the working may be accurate.
1662 J. DAVIES tr. Olearius' Voy. Ambass. 391 The Persians regulate their Feasts according to the Moon. 1728 R. MORRIS Ess. Anc. Archit. 60 Palladio has not been a little assisting to me in regulating the Proportions. 1750 tr. Leonardus' Mirr. Stones 33 The heat should be proportioned and regulated by the mineral or effective virtue of the stone itself. 1800 tr. Lagrange's Chem. II. 50 Care must be taken to regulate the fire properly. 1812-16 PLAYFAIR Nat. Phil. (1819) II. 107 Clocks ought to be regulated by the mean solar time. 1842 Penny Cycl. XXII. 485/1 He can..regulate the throttle-valve by hand-gear placed within his reach.
refl. 1776 ADAM SMITH W.N. IV. I. i. II. 9 The quantity of every commodity..naturally regulates itself in every country according to the effectual demand.

3. To make regular or even. Obs. rare{em}1.
1649 W. BLITHE Eng. Improv. Impr. (1653) 181 The Corn with much harrowing..will be drawn into wants and uneven places, and much regulated by the Harrow.

4. intr. To make regulations.
1895 Westm. Gaz. 1 May 2/2 If the Board of Trade has any power to regulate on this point, we trust that it will use it.

5. refl., and intr. for refl. Biol. To exhibit regulation (sense 1b).
1902 Archiv für Entwicklungsmech. der Organismen XV. 228 Pieces which are more active may be expected to regulate more widely. 1926 J. S. HUXLEY Ess. Pop. Sci. 235 The portion of substance which in its normal position would have developed into a half, has the power, if isolated, of regulating itself and its internal structure so as to give rise to a whole. 1971 Nature 24 Sept. 233/1 If half the optic tectum is removed and the optic nerve regenerates, the system regulates to preserve a retinotopic projection. 1977 Sci. Amer. July 67/1 Parts of the early embryo of various animals can be removed and the remaining parts will embryonically regulate to form a normal whole.