"A Well Regulated Militia" explained

[progressive hunter]

People then, are people now.

They continue to have the right to bear arms.

English law, or American law.

Your insults are so beyond flat. Too laughable. You do it every time you cannot discuss something, which is almost every time.

we are talking about laws and country not people,, if you want to make it about people why only go 400 yrs?? why not a thousand??

 

[progressive hunter]

See, you cannot answer again.

there was nothing to answer,, you cried about the friends and families of those killed and I showed how that would be worse if you had your way,,

you cant change history or facts no matter how much it hurts your butt,,,

 

[westwall]

Who is selling which country to the highest bidder?
[/nailer.


Xiden and the political class have sold us out to china.

 

[Seymour Flops]

It doesn't say "The right of the militia to keep and bear arms shall not be infringed."

Exactly. The framers understood the difference and made the distinction between "the people" and "the states." The stated purpose of the 2nd is so that "the people" can secure a free "state," by keeping a bearing arms.

The 10th amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

"States," "people" two different words with two different meanings.

 

[Sixties Fan]

we are talking about laws and country not people,, if you want to make it about people why only go 400 yrs?? why not a thousand??

Are you telling me that the people in the colonies before 1776 were not following any laws set up by England?

 

[meaner gene]

It doesn't say "The right of the militia to keep and bear arms shall not be infringed."

Depends how you read it.

 

[Sixties Fan]

there was nothing to answer,, you cried about the friends and families of those killed and I showed how that would be worse if you had your way,,

you cant change history or facts no matter how much it hurts your butt,,,

You showed no such thing.

There were fewer deaths by guns before any Assault weapons were made available by the Gun manufactures thanks to the NRA.

 

[progressive hunter]

Are you telling me that the people in the colonies before 1776 were not following any laws set up by England?

why are you trying to change the subject???

is it because you failed so bad at supporting your narrative???

 

[progressive hunter]

Depends how you read it.

theres only one way to read it,,

AS WRITTEN,,

 

[JGalt]

Depends how you read it.

Bullshit. Is English your second language or something? Read the first sentence again:

"The right of the people to keep and bear arms shall not be infringed."

 

[meaner gene]

The Courts have determined that Americans are entitled to have weapons in general use by the military. Just look at the Miller case.

Funny your use of Miller, as it upheld possession of weapons necessary for use by the "well regulated militia".

 

[BasicHumanUnit]

Guns which were always meant for the Military, only.

Why would you need one?

Oh, you mean like Hitler's SS troops.
You're ok with that I see.
Got it

 

[meaner gene]

youre playing semantics,,,

Just showing you that political parties, are a well regulated private organization. They are not free, like other private organizations, or private individuals, to do what they want with their finances.

 

[Sixties Fan]

why are you trying to change the subject???

is it because you failed so bad at supporting your narrative???

You really cannot follow logic.

Country or not, the colonies had laws.

And exactly which countries and governments were you talking about when you posted this:

"what about the friends and families of all the people killed by governments after guns were banned???"

 

[Sixties Fan]

Oh, you mean like Hitler's SS troops.
You're ok with that I see.
Got it

You took how long to come up with that nonsense?

Do you know that we are talking about?

Are you saying, as well, that ALL guns are being banned, because they are not.

The 2nd Amendment is alive and well and is not going to die in this country, EVER.

 

[progressive hunter]

Just showing you that political parties, are a well regulated private organization. They are not free, like other private organizations, or private individuals, to do what they want with their finances.

and as I said a private orgs.,,, not government like dumbass was claiming

 

[progressive hunter]

You really cannot follow logic.

Country or not, the colonies had laws.

And exactly which countries and governments were you talking about when you posted this:

"what about the friends and families of all the people killed by governments after guns were banned???"

oh I dont know,,
stalins, hitlers, moas, popots, castros, its a long list,,,

they total well mover 130 million dead after guns were banned,,,

 

[Sixties Fan]

oh I dont know,,
stalins, hitlers, moas, popots, castros, its a long list,,,

they total well mover 130 million dead after guns were banned,,,

Guns are not being banned in this country. Only guns which have no business in civilian hands.

Huge difference.

 

[C_Clayton_Jones]

What is it that I or Fuentes did not understand?

------------

Clause 15. The Congress shall have Power * * * To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.

Clause 16

Clause 16. The Congress shall have Power * * * To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.

THE MILITIA CLAUSES

Calling Out the Militia

The states as well as Congress may prescribe penalties for failure to obey the President’s call of the militia. They also have a concurrent power to aid the National Government by calls under their own authority, and in emergencies may use the militia to put down armed insurrection.1784 The Federal Government may call out the militia in case of civil war; its authority to suppress rebellion is found in the power to suppress insurrection and to carry on war.1785 The act of February 28, 1795,1786 which delegated to the President the power to call out the militia, was held constitutional.1787 A militiaman who refused to obey such a call was not “employed in the service of the United States so as to be subject to the article of war,” but was liable to be tried for disobedience of the act of 1795.1788

Regulation of the Militia

The power of Congress over the militia “being unlimited, except in the two particulars of officering and training them . . . it may be exercised to any extent that may be deemed necessary by Congress. . . . The power of the state government to legislate on the same subjects, having existed prior to the formation of the Constitution, and not having been prohibited by that instrument, it remains with the States, subordinate nevertheless to the paramount law of the General Government. . . .”1789 Under the National Defense Act of 1916,1790 the militia, which had been an almost purely state institution, was brought under the control of the National Government. The term “militia of the United States” was defined to comprehend “all able-bodied male citizens of the United States and all other able-bodied males who have . . . declared their intention to become citizens of the United States,” between the ages of eighteen and forty-five. The act reorganized the National Guard, determined its size in proportion to the population of the several States, required that all enlistments be for “three years in service and three years in reserve,” limited the appointment of officers to those who “shall have successfully passed such tests as to . . . physical, moral and professional fitness as the President shall prescribe,” and authorized the President in certain emergencies to “draft into the military service of the United States to serve therein for the period of the war unless sooner discharged, any or all members of the National Guard and National Guard Reserve,” who thereupon should “stand discharged from the militia.”1791

The militia clauses do not constrain Congress in raising and supporting a national army. The Court has approved the system of “dual enlistment,” under which persons enlisted in state militia (National Guard) units simultaneously enlist in the National Guard of the United States, and, when called to active duty in the federal service, are relieved of their status in the state militia. Consequently, the restrictions in the first militia clause have no application to the federalized National Guard; there is no constitutional requirement that state governors hold a veto power over federal duty training conducted outside the United States or that a national emergency be declared before such training may take place.1792

https://www.law.cornell.edu/constitution-conan/article-1/section-8/clause-15–16

Presser v. Illinois (1886)

Only state governments and the Federal government have the authority to establish militia.

Armed private citizens alone do not have the authority to unilaterally form a ‘militia.’

Armed private citizens are subject to local, state, and Federal firearm regulatory measures.

 

[CarsomyrPlusSix]

Do you agree or disagree? Why?

It’s bullshit.

The militia is the people.

To be “well-regulated” is “to be in proper working order.” The phrase is common in colonial / revolutionary war writing.

Moreover, if you can’t make a proper English sentence diagram, you shouldn’t be opining about the meaning of any legal text.

The Constitutional Amendment states that the people have a right to keep and bear arms, and why this right is important. Whatever the reason for “why this right is important,” the explicitly stated Constitutional right does not change.