Posted on 01/13/2007 3:11:14 PM PST by SLEEPLESS VIGILANCE
Wow, that's an eye opener.
Can this be used to repeal gun-control laws as unconstitutional (as if the 2nd amendment wasn't enough for that lol)?
I want letters of marque and reprisal for my boat.
Should be extended to aircraft, IMHO.
When I'm in charge I will make it so.
Just like the first was extended to typewriters and TV, the second should be extended to air and land vehicles. I'll make it apply to ATVs and unmanned vehicles too.
I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of power and ball; or with a good rifle, knapsack, shot-pouch, and power-horn, twenty balls suited to the bore of his rifle, and a quarter of a power of power; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.Under the United States Code, all males between 18 and 45, who are not already in the military (with certain exceptions) are currently members of the militia. Why was this never repealed? Because it is the basis of the draft. There is no "selective service" clause in the Constitution. The only authority that Congress and the President have in the area of compelling citizens to take up arms, is their power to call the Militia into federal service. No militia == no draft
The letters of marque and reprise clause of the US Constitution was superceded by a treaty banning such in the 1860s I believe.
Prior to the US Civil War there was an effort by the major maritime states to ban or restrict letters of marque and reprise, an effort that was resisted by the US at the time. The US position was based on the US not having much of a Navy, privateers could be a useful augmentation to US naval power.
Following the US Civil War and coincident with technological developments that made privateers mostly moot (armored warships, steam power, rifled cannon firing exploding shells) and the Union experience of Confederate commerce raiders, the US position changed and she adhered to the treaty.
Is this newbie trying to steal your thunder?
I know that you probably have seen this thread already, but just in case, consider yourself PINGED.
Hey, at least he's defending God-given, unalienable rights.
I still want to be a privateer.
BUMP
LOL! It's pretty sad we have to make sure our sources are from far enough in the past not to be sullied with PC-ism, isn't it?
Here's a relevant little tidbit I came across recently
In this case the letters of marque and reprisal (words used as synonymous, the latter (reprisal) signifying, a taking in return, the former (letters of marque) the passing the frontiers in order to such taking,) contain an authority to seize the bodies or goods of the subjects of the offending state, wherever they may be found, until satisfaction is made for the injury.
Joseph Story, Commentaries on the Constitution 1833
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I guess it should surprise me that government is still questioning the RKBA, but a solid rebuttal to that assertion is simple-
If the courts have found that the police cannot be held legally liable for protecting the citizenry, then government can have NO legal authority to prevent that citizenry from protecting itself....whether we choose to use a firearm or a frying pan is OUR business, not the governments.
'Letter' was the theme of a novel. Wasn't it Vince Flynn's first one?
Well, OK. But no pouffy sleeved shirts.
Treaties CANNOT override the Constitution. The power to make treaties was given to the President by the People, in the Constitution. The power to ratify treaties was given to the Senate by the People, in the Constitution. The Constitution can only be changed by the People, acting through 3/4 of the state legislators, or via state delegations to a 2nd Constitutional Convention (the latter of which is, at present, only theoretical, as a 2nd one has never been called...and I hope it never is).
In short, the creator cannot be overridden by the created. Treaties can be found unconstitutional - what would you think of a treaty that revoked equal rights for women and all non-Muslims, and which instituted Sharia Law as the supreme law of the land?
Well first you forgot that under Article V the Constitution can be amended by a 2/3rds majority of both houses of Congress. Proposed amendments are then sent to the states for ratification, adoption being contingent upon majority votes in the legislatures of 3/4s of the states or a majority vote in 3/4s of ratifying conventions called for the purpose of considering the proposed amendment(s). The method of ratification is proposed by Congress.
The 3/4s requirement is for 3/4s of the legislatures or conventions, not the legislators or convention members voting, a simple majority there is all that is required for adoption of the proposed amendment(s).
You are correct that 2/3rds of the several states can call a
convention for the purpose of amending the constitution.
I see no reason to fear another convention, any action taken there by majority vote would require the same super majority of 3/4s of the states.
For your view regarding treaties versus the Constitution I refer you to Article VI of the Constitution:
"...and all treaties made, or which shall be made, under the authority of the US, shall be the supreme law of the land..."
Treaties, as you point out have to be ratified by the Senate. Key here is not to elect softheads or traitors, no?
As you point out, treaties can be over-ridden as un-Constitutional. The same constitution that establishes the Supreme Court defines the jurisdiction of that court to include treaties among other things.
What would I think of a treaty revoking the rights of women and non-Muslims and instituting Sharia law?
About as much as I think of straw man arguments.
About as much as I think of straw man arguments.
What I stated wasn't a straw-man argument, it was an illustration of how a treaty cannot override the Constitution. Granted, it is a rather extreme example, but it is the point that counts - treaties cannot supercede the Constitution. That was the point of my entire post.
Bookmarked
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