JakeStarkey
Diamond Member
- Aug 10, 2009
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- #41
No, JonBezerk, the term refers to the militia, not the arm.
of course it refers to arms
the second amendment is about arms
as for the militia without good operating arms they could not be well regulated
Well the writers of the Founders Age disagree with you:
Meaning of the words in the Second Amendment
Some argue that since the militias are "owned," or under the command of the states, that the states are free to disarm their militia if they so choose, and therefore of course no individual right to keep arms exists. The Militia is not "owned," rather it is controlled, organized, et. cetera, by governments. The federal government as well as the states have no legitimate power to disarm the people from which militias are organized. Unfortunately, few jurists today hold this view. (See Reynolds, Glen Harlan, A Critical Guide to the Second Amendment, 62 Tenn. L. Rev. 461-511 [1995].)
We can begin to deduce what well-regulated meant from Alexander Hamilton's words in Federalist Paper No. 29:
The project of disciplining all the militia of the United States is as futile as it would be injurious if it were capable of being carried into execution. A tolerable expertness in military movements is a business that requires time and practice. It is not a day, nor a week nor even a month, that will suffice for the attainment of it. To oblige the great body of the yeomanry and of the other classes of the citizens to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well regulated militia, would be a real grievance to the people and a serious public inconvenience and loss.
--- The Federalist Papers, No. 29.
Hamilton indicates a well-regulated militia is a state of preparedness obtained after rigorous and persistent training. Note the use of 'disciplining' which indicates discipline could be synonymous with well-trained.
This quote from the Journals of the Continental Congress, 1774-1789 also conveys the meaning of well regulated:
Resolved , That this appointment be conferred on experienced and vigilant general officers, who are acquainted with whatever relates to the general economy, manoeuvres and discipline of a well regulated army.
--- Saturday, December 13, 1777.