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To: Anitius Severinus Boethius
"that there can be a “well regulated militia” without there being an “armed citizenry”

If there existed an armed citizenry, then it would be pointless for the Militia Act to tell members they had 6 months to acquire a weapon. You're trying to play some "what came first -- the chicken or the egg" game, and I'm not interested.

"Before 1792, there was no militia act, but there were well regulated militias."

Yep. And their right to keep and bear arms was protected from federal infringement by the second amendment. What's your point?

"it is apparent that the Founders understood that there did not have to be government oversight in order for militias to be “well regulated”."

Just the opposite. The U.S. Constitution, Article I, Section 8, stated that Congress had the power to organize, arm, and discipline the Militia. It also stated that Militia officers were to be appointed by each state.

"The 1200 men of the Massachusetts 4th Division under Shepard were a militia. Since that was five years before the Militia Act of 1792, how in the world could they have been “well regulated”?

If they were organized, armed, accoutered, and trained, with officers appointed by the state, they were "well regulated".

Because a number of state Militia weren't well regulated, Congress passed the Militia Act of 1792 to organize the state Militias, set minimal standards, and standardize arms.

325 posted on 11/30/2007 8:18:53 AM PST by robertpaulsen
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To: robertpaulsen
Just the opposite. The U.S. Constitution, Article I, Section 8, stated that Congress had the power to organize, arm, and discipline the Militia. It also stated that Militia officers were to be appointed by each state.

You just defeated your own argument here. The nail in the coffin as it were. Since you admit that Congress already had the right of funding the militias and passing laws regarding their organization and training, then why pass the second amendment? To restate what Article I, Section 8 stated?

You walked dead into this little trap you set for yourself.

Since the Constitution, before the second amendment, already established Congress as being responsible for "organizing, arming, and disciplining, the militia", the need to provide in an amendment for "a well regulated militia" is moot.

A well regulated militia was already established by Article I, Section 8. Since that portion of the Amendment was a given, it is only the second section that provides new protection. That is, the rights of the people to keep and bear arms shall not be infringed.

328 posted on 11/30/2007 8:55:00 AM PST by Anitius Severinus Boethius
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To: robertpaulsen
Just the opposite. The U.S. Constitution, Article I, Section 8, stated that Congress had the power to organize, arm, and discipline the Militia. It also stated that Militia officers were to be appointed by each state.

True but you keep forgetting this as to who composed the militia:

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,

330 posted on 11/30/2007 9:02:15 AM PST by beltfed308 (Rudy: When you absolutely,positively need a liberal for President.)
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