What Is a 'Well Regulated Militia,' Anyway?
Via John
The Founders liked militias, but they also liked an armed citizenry. To them, the two ideas were inseparable.
Gun control advocates love to hate District of Columbia v. Heller, the 2008 case in which the Supreme Court recognized
that the Second Amendment protects an individual right to arms. They
may be protesting too much. Federal courts in the decade since have
found many restrictions on the right to own and use weapons perfectly
congruent with that decision. Heller merely says the government
can't enforce laws that prevent (most) Americans from possessing
commonly used weapons in their homes for self-defense
"I ask, sir, what is the militia? It is the whole people, except for few public officials." (George Mason, 3 Elliot, Debates at 425-426)
ReplyDeleteWhen the 2nd Amendment is read as a grammatical sentence, "militia" in the beginning subordinate clause, must agree with "the People" in the main clause or else it is contradictory and makes no sense. The Bill of Rights, including the 2nd Amendment were "added clauses" which were "declarative" of the rights of the People and "restrictive" of government powers to "prevent usurpations and abuses" according to its Preamble. Militia in the 2nd Amendement references the enumerated delegated power in Article I, Section 8.16, that RESTRICTS the government "for governing such part of them (militia) as may be EMPLOYED IN ITS SERVICE." Otherwise the government has no power over the People to keep and carry militia weapons so that they may be well-regulated in having what they choose As necessary for their security as a free People which comprises "a free State." Therefore it is the keeping and carrying of militia or military weapons which is the right secured by the 2nd Amendment. That is "necessary for the security of a free State", not hunting or sporting purposes which are secondary considerations of citizens with their chosen weapons. --Ron W
Good explanation. Thanks.
DeleteHeller was one of the most wishy washy decisions coming down from that court. Everyone - on both sides - knew this from Day One. And both sides declared victory.
ReplyDeleteI have oft wondered why the court even took the case. I have concluded it was only so the court could then say, See, we do not avoid all gun cases. In this they were able to satiate the gun advocates if even by a little bit. Of course, all they did was muddy the waters in their laughable absurd attempt to split the baby. It is asinine.
Rick
Most well said.
DeleteHi Brock,
ReplyDelete"Well Regulated" .... at the time it was written the "term" "Regulated" meant "Practiced!!!!!!"(NOT Presided over!!!) Hence the difference between "Regular (Practiced) Troops" and "Irregulars" meaning those significantly un-practiced!! The term "Guerrilla warfare" comes to mind as the definition s a group, usually political in nature, taking part in 'irregular' fighting....
'Comes to mind, the late Mike Vanderboegh's "Sipsey Street Irregulars." He chose the term well!!
Meanwhile, back at the ranch, that term "Well Regulated" it's "Original" meaning as "Originally" used has not been lost in obscurity but instead deliberately twisted by the "LEFT" to satisfy a "Communist Agenda!!!!!"
Got GUNZ...............OUTLAW!!!!!!!!!,
Audentes, Fortuna, Ivat,
III%,
skybill.....
head honcho.... the "South River Defense Force"
PS Been to the Range lately and got in any "Practice" ??????
"Original" meaning as "Originally" used has not been lost in obscurity but instead deliberately twisted by the "LEFT" to satisfy a "Communist Agenda!
DeleteGood points.
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PS Been to the Range lately and got in any "Practice" ?
Just off my back porch! Will be in CA next month.
Brock, CA huh? Pendleton? I'm a few north of there.
DeleteRick
In Orange county? I went to ETMCAS after evacuation. I could have turned it down but the second offer would be take it or you're gone and I could think of a lot of places that would be worst.:) Went to SC as it was cheaper than Laguna and about the same in commuting time. Bought a boat and got into SCUBA.
DeleteThis July 4, I pledge allegiance. It took two wars to make me an American.
https://freenorthcarolina.blogspot.com/2017/06/this-july-4-i-pledge-allegiance-it-took.html
In the proper function of the 2nd amendment, the only power the federal government should have is to issue a statement once a year on the preferred weapons and kit the militia should buy to make their incorporation into the army easier.
ReplyDelete--generic
:) Priceless!
Delete