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James Madison's Usage

The Second Amendment's "the right of the people to keep and bear arms shall not be infringed" language is exactly what was proposed as the first clause of the amendment by James Madison on June 8, 1789. In addition to that "infringe" based language, Madison also included this freedom of religion related protection in his Bill of Rights proposals to Congress: "nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed." [The Origin of the Second Amendment p.654] Assuming that Madison's intention in preventing religious liberty from being "infringed" was to allow for considerable "reasonable" regulation by the federal government is illogical. In fact, it is clear that the intent of such language was to prevent any interference whatsoever by the government in such matters. The later change to "Congress shall make no laws" language buttresses this period understanding of "infringe" based protection.

Samuel Adams' Usage

Another person who used "infringe" in bill of rights proposals for the Constitution was Samuel Adams in the Massachusetts Ratifying Convention. He attempted to protect freedom of the press and religion with this proposal: "that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience". [OSA p.260] It is unthinkable that such usage by Adams indicated an intention to allow extensive reasonable regulations of freedom of the press and religious beliefs. Instead, such language was certainly intended as the strongest of limits upon government actions, just as in Madison's case with his infringe based restrictive proposals to Congress regarding freedom of religion and the right of the people to keep and bear arms.
 
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