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re: Reason.com - What Is a 'Well Regulated Militia,' Anyway?

Posted on 6/13/22 at 10:46 am to
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 6/13/22 at 10:46 am to
quote:

Our founder's intent was for, what would be considered today a radically independent, militia of citizens who are not under the command of the government.
The founders intent IN DRAFTING THE SECOND AMENDMENT was for all free male citizens to be available (and have the weapons) for call up to their state militias, should their states do so (just as had been the case for the former colonies). The second amendment was intended to prevent the federal government from disarming the citizens and making this impossible.

The new States were jealous of their sovereignty and fierce about protecting it. This is why the entire Bill of Rights was drafted. See the Federalist Papers.

Obviously, the Founders anticipated that the States would not disarm their citizens, for many of the reasons discussed in this thread. But that was a state matter, to be handled by the States. Obviously, Massachusetts and Rhode Island and Providence Plantations had different concerns than Virginia.
This post was edited on 6/13/22 at 11:36 am
Posted by Wolfhound45
Member since Nov 2009
125991 posts
Posted on 6/13/22 at 10:47 am to
quote:

Our founder's intent was for, what would be considered today a radically independent, militia of citizens who are not under the command of the government.

Our Founding Fathers legislated in the context of their time and location. They were colonists who (daily) had to be responsible for their own defense and policing.

Due to the taxation levied upon them in the aftermath of the French and Indian War/Seven Years War (and their resistance to it) they were (ostensibly) occupied by a standing army (an unheard of concept) from England. They developed their Constitution within that framework. That "We the People" would be responsible for our own lives, that we would work collectively towards the common good.

They established in the Constitution (Article 1, Section 8, Clauses 15 & 16) we would "RAISE" armies and we would "MAINTAIN" a navy. Instead we maintain a large standing Army against their vision for our Nation.

What we have descended to (with the rise of centralized federalism) would be anathema to them.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 6/13/22 at 10:49 am to
quote:

They established in the Constitution (Article 1, Section 8, Clauses 15 & 16) we would "RAISE" armies and we would "MAINTAIN" a navy. Instead we maintain a large standing Army against their vision for our Nation. What we have descended to (with the rise of centralized federalism) would be anathema to them.
Agreed
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 6/13/22 at 10:53 am to
quote:

Our Founding Fathers .. were colonists who (daily) had to be responsible for their own … policing.
This is a valid point. Without trying to sound like Donald Trump, most people don’t know the police departments did not even exist in 1789. The first police departments were not formed until well after 1800. As I recall, the first was in London sometime in the 1820s. I don't think the US had even one police department until sometime in the 1840s or so.
This post was edited on 6/13/22 at 2:11 pm
Posted by Taxing Authority
Houston
Member since Feb 2010
62567 posts
Posted on 6/13/22 at 10:55 am to
quote:

The Second amendment was written so that the government could not disarm citizens, leaving them unable to respond to a situation such as the rise of a dictator.
After years of howling about how there was an elaborate plot to overthrow the government, and install Trump as a dictator, why the hell would you want to disarm the people? Leftists have no rational logic.

If you believe in Jan 6th and the “continued threat to democracy” you cannot possibly think disarming the citizenry is a good idea.
This post was edited on 6/13/22 at 10:57 am
Posted by Taxing Authority
Houston
Member since Feb 2010
62567 posts
Posted on 6/13/22 at 11:02 am to
quote:

They were colonists who (daily) had to be responsible for their own defense and policing.

After witnessing the riots of 2020 and the feckless performance in Uvalde, i reckon, we still are responsible for our own defense and policing.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 6/13/22 at 11:38 am to
quote:

Before you remove a fence, understand why it was put up in the first place.
The problem is that even in 1789 there was no consensus as to the reason for the fence. Some thought it was there to mark a property boundary. Others thought it was intended to keep neighbors out. Still others thought it was there to keep livestock on the property.

It certainly served all those roles, but the overriding REASON for building it was to keep people OFF the property.
This post was edited on 6/13/22 at 11:46 am
Posted by Robin Masters
Birmingham
Member since Jul 2010
34919 posts
Posted on 6/13/22 at 11:42 am to
I think clearly it means the rights of the people to own guns wasn’t put there so they could hunt.
This post was edited on 6/13/22 at 11:43 am
Posted by Wolfhound45
Member since Nov 2009
125991 posts
Posted on 6/13/22 at 12:04 pm to
quote:

...i reckon, we still are responsible for our own defense and policing.
You are correct good sir.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
87543 posts
Posted on 6/13/22 at 12:11 pm to
Sounds like regulated militias to me.
Posted by vl100butch
Ridgeland, MS
Member since Sep 2005
36692 posts
Posted on 6/13/22 at 12:13 pm to
And what is being talked about here is the Federal militia...take a look at individual state law


2018 Mississippi Code
Title 33 - Military Affairs
Chapter 5 - The Militia and Mississippi State Guard
The Militia
§ 33-5-1. Composition of the Militia.
Universal Citation: MS Code § 33-5-1 (2018)

The militia of the State of Mississippi shall consist of all able-bodied citizens of the state between the ages of seventeen (17) and sixty-two (62) years, who are not exempt by law of this state or of the United States, together with all other able-bodied persons who shall voluntarily enlist or accept commission, appointment or assignment to duty therein, subject to such classifications as may be hereinafter prescribed. The militia shall be divided into three (3) classes: The National Guard, the Mississippi State Guard, and the unorganized militia. The unorganized militia shall consist of all persons liable to service in the militia, but not members of the National Guard or the Mississippi State Guard.

A seventeen-year-old person shall not be allowed to enlist or be assigned to duty without the written consent of both parents, if living, or one (1) parent if one (1) is deceased, or if both parents are deceased, the guardian of such person.

Missippi state code extract
Posted by Wolfhound45
Member since Nov 2009
125991 posts
Posted on 6/13/22 at 12:16 pm to
quote:

vl100butch
Thank you for this.
Posted by Wolfhound45
Member since Nov 2009
125991 posts
Posted on 6/13/22 at 12:19 pm to
quote:

Sounds like regulated militias to me.
Hopefully you understand what the difference is between organized versus unorganized militia is.

The federal statute applies to all able bodied males between the ages of 17-45 who are citizens or intend to become citizens. Writ large, they (less those who are members of the National Guard) are the unorganized militia.
This post was edited on 6/13/22 at 12:21 pm
Posted by jawnybnsc
Greer, SC
Member since Dec 2016
5906 posts
Posted on 6/13/22 at 12:20 pm to
It's more than that. They meant that a standing army would not be the only people with firearms. It's so simple AND everyone at the time understood exactly what they meant and why they stated it the way they did.
Posted by vl100butch
Ridgeland, MS
Member since Sep 2005
36692 posts
Posted on 6/13/22 at 12:25 pm to
quote:

vl100butch

Thank you for this.




Louisiana has something similar with an upper age of 64...
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
87543 posts
Posted on 6/13/22 at 12:26 pm to
quote:

Hopefully you understand what the difference is between organized versus unorganized militia is.

The federal statute applies to all able bodied males between the ages of 17-45 who are citizens or intend to become citizens. Writ large, they (less those who are members of the National Guard) are the unorganized militia.


Oh, I understand. The statute clearly spells it out.

The gray area is where guys like myself (56 later this week, a veteran and a gun owner) fall.

But aside from that, it's a regulatory piece of legislation. Which defines militias.
This post was edited on 6/13/22 at 12:28 pm
Posted by Wolfhound45
Member since Nov 2009
125991 posts
Posted on 6/13/22 at 12:55 pm to
quote:

56 later this week
Youngster

You are permitted to continue to serve as a member of the militia as long as you are able bodied. You are not compelled to however.

This whole idea that the Left tries to espouse is invalidated by history and US code. "We the People" are the guardians of our freedom, not the US government.
This post was edited on 6/13/22 at 12:56 pm
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
57897 posts
Posted on 6/13/22 at 12:58 pm to
quote:

Still, many activists and legal scholars, along with at least two of the Supreme Court justices who dissented in Heller, believe the Second Amendment, properly construed, never guaranteed an individual right at all, or at least not one related to personal self-defense in the home.


In order to achieve this epiphany one has to ignore that no one challenged the 2nd Amendment on their belief that it mandates militia membership as a pre-requisite for owning firearms prior to the 20th Century. If militia membership were a pre-requisite, why then was that never mentioned, much less enforced?

To understand the 2nd Amendment we have to understand the context of when and why it was written (which is something anti-2A people are loathe to do, they would rather view it from their perspective only).

The US had just defeated that day's most powerful military and they had done with because their populace was armed. The Founding Fathers, fearing another eventual attack by England, knew that the best way to make sure the populace remained so potent a defense against an aggressor nation was to allow that populace to remain armed. Also, firearms were commonly used to provide food (from hunting) as well as protection (from animals and other people). Making militia membership a pre-requisite just to own something you use to feed your family would make no sense.

As such, firearm ownership was never dependent on the pre-existence of -nor membership in- a militia, rather the existence of their envisioned militia was dependent on the right of people to already own firearms.
Posted by jawnybnsc
Greer, SC
Member since Dec 2016
5906 posts
Posted on 6/13/22 at 1:04 pm to
Some Founders didn't want a Bill of Rights at all, because they believed that there was no need to deliniate Natural Rights . . . them being NATURAL and all. Of course, among those Natural Rights is the right of self-defense. In short, The Founders almost couldn't conceive of anyone arguing against your right to keep and bear arms and almost stayed completely silent on the matter.
Posted by bizeagle
Member since May 2020
1274 posts
Posted on 6/13/22 at 1:19 pm to
my employees and my children are well regulated by me. My church is well regulated. John Dillinger's gang, BLM and Antifa are not well regulated
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