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Guardsmen swear an oath joining the US Army when they become Guardsmen.Not unless on title 32 activation. Other than that, under state control. That is why it takes the Governor to activate for use in riots inside the state, or in times of other state emergency.
Yes.Fine, then the 2nd states militias are required for what purpose now? For the security of a free State.
I think it kind of does.Does it say all States must be "secure" or "free"? No.
Correct. But it does protect their right to arm themselves if they so choose.Does is say all adult white, males must arm themselves in case they're needed by their State's militia? No.
That is incorrect. "Given" is not part of the meaning of the Second Amendment.So what is the point? Given a well regulated State militia, given such militias are "required" for the purposes already described, then "the right of the people to keep and bear Arms, shall not be infringed."
That is incorrect. There are no caveats. The Second Amendment forbids infringing the right to keep and bear arms.Point being "shall be infringed" given those two caveats (and only those two caveats). Otherwise, such as given "there is no militia presently" -- "the right of the people to keep and bear Arms," may "be infringed."
Not exactly but close. The enlisted take an oath to support and defend against all, to The constitution, to follow the orders of the President and the Officers appointed above them in accordance with UCMJ.Guardsmen swear an oath joining the US Army when they become Guardsmen.
The possibility of federal service overseas is another reason why the National Guard are not the militia. The Constitution limits the federal role of the militia to enforcing the law, suppressing insurrection, and repelling invasion. None of those involve service outside US borders.
Also, militiamen have the right to take their weapons home with them. Guardsmen leave their weapons locked up on base when they go home.
When they swear the same oath that people swear when they join the Army, they are joining the Army.Not exactly but close. The enlisted take an oath to support and defend against all, to The constitution, to follow the orders of the President and the Officers appointed above them in accordance with UCMJ.
The Officers take an oath to protect and defend the constitution, to bear true faith and allegiance and to properly discharge the duties of their office
They don't swear an oath to the US Army. Both are the same oath as the Army.
Presumably they would be practicing at a firing range that was equipped to handle whatever they were practicing with.Trust me. You don't want guardsmen taking their weapons home, running around the woods and streets on their own practicing with the kind of firepower they have on duty. I have seen local militia wannabes. You don't really want them running around practicing with theirs either. What I saw was certainly not what anybody would call well regulated.
Don't presume. The militia guy weren't when they were recruiting me. They were shooting with mac10s at quarter pound sticks of TNT, while drinking bear between firing orders and swaggering around fully loaded with their hardware hanging out. Needless to say, they did not get the benefit of my training.When they swear the same oath that people swear when they join the Army, they are joining the Army.
Presumably they would be practicing at a firing range that was equipped to handle whatever they were practicing with.
But the Second Amendment is clear: Militiamen have the right to keep and bear arms.
Not unless on title 32 activation. Other than that, under state control. That is why it takes the Governor to activate for use in riots inside the state, or in times of other state emergency.
Not exactly but close. The enlisted take an oath to support and defend against all, to The constitution, to follow the orders of the President and the Officers appointed above them in accordance with UCMJ.
The Officers take an oath to protect and defend the constitution, to bear true faith and allegiance and to properly discharge the duties of their office
They don't swear an oath to the US Army. Both are the same oath as the Army.
Trust me. You don't want guardsmen taking their weapons home, running around the woods and streets on their own practicing with the kind of firepower they have on duty. I have seen local militia wannabes. You don't really want them running around practicing with theirs either. What I saw was certainly not what anybody would call well regulated.
And your point?National Guard take the oath to the U.S. Constitution and to the state......
Since there are no government-organized militias today, you are probably talking about some private group that calls themselves a militia.Don't presume. The militia guy weren't when they were recruiting me. They were shooting with mac10s at quarter pound sticks of TNT, while drinking bear between firing orders and swaggering around fully loaded with their hardware hanging out. Needless to say, they did not get the benefit of my training.
Being well provisioned is part of it, but the militia will also need to have trained to a sufficient degree that they can fight as a single coherent unit instead of fighting as a bunch of random individuals.In the 1700s the term "well regulated" meant to be well provisioned.
Like; "a well provisioned militia, being necessary for the security of a free state, the right to keep and bear arms shall not be infringed."
There is nothing about a milita being trained in the Second Amendment. In fact the Second has been determined by the Supreme Court to be an individual right. No membership in any kind of organized or unorganized organization required, just be an American.Being well provisioned is part of it, but the militia will also need to have trained to a sufficient degree that they can fight as a single coherent unit instead of fighting as a bunch of random individuals.
In a way what the term means is that the militia kicks ass. A militia needs to be well equipped and well trained in order to be able to kick ass.
Sure there is. It is part of "well regulated".There is nothing about a milita being trained in the Second Amendment.
True. And the Supreme Court was correct to rule this way.In fact the Second has been determined by the Supreme Court to be an individual right. No membership in any kind of organized or unorganized organization required, just be an American.
one needs legs, not arms.in order to be able to kick ass
Seeing that back in the day "well regulated" meant well provisioned like in having enough guns and ammo then that is not accurate. The purpose of the right was in order to make sure that the state was free the people needed access to arms and bearing arms and that should not be infringed upon by the government.Sure there is. It is part of "well regulated".
Okay, judicial activist. They just stuffed those caveats in there to make it sound sexy.There are no caveats. The Second Amendment forbids infringing the right to keep and bear arms.
Except, that isn't what "well regulated" meant back in the day. That is only one part part of what "well regulated" meant.Seeing that back in the day "well regulated" meant well provisioned like in having enough guns and ammo then that is not accurate.
Upholding the law and the Constitution is not judicial activism.Okay, judicial activist.
No such caveats exist.They just stuffed those caveats in there to make it sound sexy.
