Assault Weapons Ban would be unconstitutional. "A State Militia must be maintained and well regulated"

Except a "well regulated militia" means that you have to allow the public to keep arms so that they have regular exposure to their use and handling.
How did you reach your conclusion? Our Second Amendment is clearly about what is necessary to the security of a free State not Individual Liberty or natural rights.

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;
once again the unorganized militia is not connected with the organized militia
Your point?

The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.

But the 2nd amendment is a restriction on federal jurisdiction, so can not be about the Organized Militia the federal government can call up in emergencies. There would be no need for a prohibition on the federal government from disarming its own Organized Militia. So clearly the point of the 2nd amendment has to be to prevent the federal government from disarming the unorganized militia.
Heller incorporated the 2d Amendment. Look it up.

The governors can call up and regulate the militia, organized or unorganized.

Incorporating the 2nd amendment means the right to bear arms is a protected individual right.
I agree with that.

But why do you cay the governors can call up and regulate the militia?
The governor or the president can't call on the militia unless there is an emergency that warrants it.
Until it becomes warranted for some reason, the militia is on its own and is ruled by no one.
Read your Constitution, particularly the 1st Article and the 2d Amendment.


  1. ilitia Clause | The Heritage Guide to the Constitution
    www.heritage.org › constitution › articles
    State governors, however, retain concurrent authority to call out their respective militias to handle civil and military emergencies, as well as to repel invasions (Article I, Section 10, Clause 3...
  2. Commander of Militia | The Heritage Guide to the Constitution
    www.heritage.org › constitution › articles
    In the 1980s, governors again resisted a presidential call for the militia (National Guard). Some of them objected to the deployment of their states’ National Guard troops to Central America.

Exactly.
State governors can ONLY legally call out the militia to handle emergencies like to repel invasion.
It is not up to the whim of the governor.
And the main point of any militia at all is the unorganized militia for individual defense.
 
You saw what happened when the crazy goonies invaded the Capitol.

They were spanked, sent home, and Congress conducted business as usual.

Now more than 400 are going to trial.

The People will do nothing.
That was just a protest, you know like BLM does only the Jan 6th protesters didn't burn down buildings.
The difference is, right wingers were interfering with Congress to try to overturn election results.
 
Except a "well regulated militia" means that you have to allow the public to keep arms so that they have regular exposure to their use and handling.
How did you reach your conclusion? Our Second Amendment is clearly about what is necessary to the security of a free State not Individual Liberty or natural rights.

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;
once again the unorganized militia is not connected with the organized militia
Any governor can call and organize the unorganized militia at any time. Read your constitution.

Wrong.
Calling up the unorganized militia is supposed to only be used in emergencies.
It is identical to the mandatory draft the army uses, and if you look into the drafts in the past, they actually were all done by the states.
It is not just on the whim of a governor.
The draft would be a huge infringement on individual rights if not for a good enough reason.
The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.
 
The unorganized militia is NOT owned or in anyway governed by the state.
It is mainly for personal home defense, in a time and place where there were no police and lots of threats.
When the state calls up from the unorganized militia, for a posse as an example, that is then the Organized Militia.
When ever any government calls up people for mandatory duty, that is organized militia.
The unorganized militia when when individuals protect their home by themselves.

And since the meaning of "regulating" in Founders terminology means to facilitate, then the governor of Michigan would be helping the unorganized militia by making them more regular. I am sure they would not mind being given a few machine guns.
Where do you get your right wing propaganda and rhetoric?

The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.
So who removes a tyrant when they control the military?
Not Individuals of the People who are unconnected with the Militia. Congress has the power to impeach and remove even the chief magistrate of the Union.

Wrong.
Individual are superior to any body of government.
Not only are inherent individual rights the only legal basis for government, but all governments (in a democratic republic), are always created by the people. The people can not create that which is superior to them.
Doesn't matter if they are connected or unconnected with the organized militia, because as you keep pointing out, the People and the Militia are one in the same.

Congress does not have any power.
If the military goes corrupt, there is nothing congress will be able to do about it.
But the reality is that Congress is likely the most corrupt of all.
For example, it is congress that started every single illegal war the US has been in, which is about all of them since the War of 1812.
You have a First Amendment; gun lovers simply prefer to be Rebels without a Cause.
 
Wrong.
The second amendment is only about completely eliminating any federal jurisdiction over firearms.
By "free state" they meant one where the federal government can not get out of control.
Yes, you are. Our Second Amendment is about the security of a free State not right wing fantasy.
 
"To some people, the way that the above Second Amendment is written may seem a bit strange to a modern English speaker with the addition of commas in places that today they would not be. In most cases, punctuation in the 18th century was absolute chaos as this was a time of transition from middle English (think Chaucer and Shakespeare) to that of modern English. In this sense, one must understand that while the commas may be confusing, they should not detract from the document at hand. Furthermore, the variations that can be seen in different editions of the Bill of Rights can be attributed to the fact that at the time, these documents were hand written. If one looks at the original Constitution that Congress ratified, the only comma in the document is in “state, the right”. Thus, it should be noted that the militia was not the one given the un-infringed upon right to use arms (including muskets, rifles, swords, bayonets, etc), but rather the people of the United States."

That is nothing but right wing propaganda and does a disservice to the right wing and the People. The comma does nothing of the sort; it cannot change the meaning of the terms employed in that Article of Amendment. Simply appealing to ignorance is what right wingers are best at.

I ask, sir, what is the militia? It is the whole people, except for a few public officials."
— George Mason, in Debates in Virginia Convention on
Ratification of the Constitution, Elliot, Vol. 3, June 16, 1788

How does a comma placement affect that understanding of what comprises the Militia of the United States?
 
Wrong.
The second amendment is only about completely eliminating any federal jurisdiction over firearms.
By "free state" they meant one where the federal government can not get out of control.
It's easy to identify the Marxists here at the Forum, they're the ones wanting government to control We The People. If they don't they themselves are Marxists, they certainly are ignorant tools.
It is even easier to identify right wing, Russian tools who only know how to be Rebels without a Cause.
 
But the 2nd amendment is a restriction on federal jurisdiction, so can not be about the Organized Militia the federal government can call up in emergencies.
Only if you appeal to ignorance of the law in the first clause. There is no appeal to ignorance of the law or who comprises the militia.
 
The governors have the power to call up and regulate the militia. The unorganized militia is not exempt from being regulated by the state.
Define 'unorganized militia' at this point you're just making shit up.
Only the Right-Wing is that ignorant while alleging they have nothing but the "gospel Truth".

I ask, sir, what is the militia? It is the whole people, except for a few public officials."
— George Mason, in Debates in Virginia Convention on
Ratification of the Constitution, Elliot, Vol. 3, June 16, 1788
 
Your point?

The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.
The militia has to handle gun-grabbing idiots like you as domestic enemies.
Only the "lazy" unorganized militia complains about gun controls laws.

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;

It is incredibly illegal for the federal government to start legislation firearm restrictions when clearly the federal government has zero authority to do that, and for the federal government to believe it is the only valid entity that needs arms.
So according to the federal government, there is no state, municipal, or individual need for weapons for defense?
That's crazy.
Its also totally illegal.
You have no idea what you are talking about. Our Second Amendment is about what is necessary to the security of our free States not individual liberty or natural rights. It says so in the first clause which the second clause Must follow.
 
Since when can't 2 statements be made in one sentence, you're an idiot; see how that works?
WTF are you talking about?

Where have you ever seen one sentence (especially in a document like the Constitution) contain two ideas unconnected to each other?

Lets assume they are connected.
The second phrase is essentially saying that the federal government is prohibited from making firearm laws.
Why would the founders have wanted that?
Could it be because they just had to fight a rebellion against a sovereign tyrant, and did not want to let another tyranny get into power?
Our Second Amendment is clearly about what is Necessary not Optional to the security of our free States. Any questions?
 
Incorporating the 2nd amendment means the right to bear arms is a protected individual right.
I agree with that.

But why do you say the governors can call up and regulate the militia?
The governor or the president can't call on the militia unless there is an emergency that warrants it.
Until it becomes warranted for some reason, the militia is on its own and is ruled by no one.
The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.
 
The governors have the power to call up and regulate the militia. The unorganized militia is not exempt from being regulated by the state.
Define 'unorganized militia' at this point you're just making shit up.
It's defined in the Dick Amendment

Incorrect.
{... The Dick Act of 1903 replaced the 1792 Militia Act and affirmed the National Guard as the Army’s primary organized reserve. ...}
The Dick Act of 1903 only provided for the a federal and state Organized Militia.
It does not provide or define a municipal Organized Militia, like a posse, or the unorganized militia.
The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia. (found in State Constitutions)
 
Wait. You think the Founding Fathers would make a statement as stupid as that? IN the Constitution?

Really?
No, it's and example of one sentence with 2 different statements. You know, what we were discussing. I think you are being a bit disingenuous.
The only ones being disingenuous are right wingers. Our Second Amendment is clearly about what is necessary to the security of a free State.
 
Exactly.
State governors can ONLY legally call out the militia to handle emergencies like to repel invasion.
It is not up to the whim of the governor.
And the main point of any militia at all is the unorganized militia for individual defense.
Link? We know right wingers only know how to appeal to ignorance instead of the law.
 
If it weren't for fallacy, right wingers would have no arguments at all.
:auiqs.jpg:

This is further proof that you don't understand fallacy and should shut the fuck up until you do.

ALL argument.....repeat.....ALL ARGUMENT is fallacy. If arguments were not fallacious, they wouldn't be called arguments. They would be called TRUTH!!!

Identifying the fallacy ONLY helps to formulate a rebuttal. NOTHING MORE. Identifying fallacy does NOTHING to further one's own arguments. NOR does it act to rebut the allegedly fallacious argument.

GET IT????
 

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