Skip to comments.What is a "Well-Regulated Militia?"
Posted on 11/30/2017 8:39:03 PM PST by Discoshaman
A good, quick video on the militia clause of the Second Amendment in light of the Militia Acts of 1792, the Dick Act of 1903, and U.S. Code Article 10.
(Excerpt) Read more at youtube.com ...
It means men should be able to handle themselves with Arms should they need to go to War, either against foreign Enemies, or Domestic Enemies
“What is a “Well-Regulated Militia?”
An armed group that eats prunes?
Exactly! The historical record on this couldn’t be clearer. Which is why anti-gunners don’t like to discuss the context of gun rights, but deal exclusively in emotional appeals.
Heh. I think those are called “Continental Regulars” rather than militia. :P
I can also see it meaning a Posse comitatus if a state of emergency exists (Hurricane, Big fire etc.) to act as guards or deputies. A county sheriff or a police chief should be able to call for civilian volunteer backup if needed.
It is NOT just a National Guard.
According to U.S. Code 10:246, it’s every able-bodied male aged 17-45 not convicted of a crime. So basically everyone not from Baltimore. :P
A “well-regulate militia” is nothing more than decent citizens of any country who refuse to be victims of a predatory state.
We are approaching a time in history where the American Revolutionary War will be replayed the world over from Asia, the Middle East, to Papua New Guinea .
Benjamin Franklin quotes:
In those wretched countries where a man cannot call his tongue his own, he can scarce call anything his own. Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech.
Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.
0nly a virtuous nation is capable of freedom. As nations become corrupt and vicious, they have more need of masters.
It is a common observation here that our cause is the cause of all mankind, and that we are fighting for their liberty in defending our own.
Trusting too much to others’ care is the ruin of many; for, as the almanac says, in the affairs of this world men are saved not by faith, but by the want of it; but a man’s own care is profitable; for, saith Poor Dick, learning is to the studious, and riches to the careful, as well as power to the bold, and Heaven to the virtuous.
But what madness must it be to run in debt for these superfluities! We are offered, by the terms of this vendue, six months’ credit; and that perhaps has induced some of us to attend it, because we cannot spare the ready money, and hope now to be fine without it. But, ah, think what you do when you run in debt; you give to another power over your liberty. If you cannot pay at the time, you will be ashamed to see your creditor; you will be in fear when you speak to him, you will make poor pitiful sneaking excuses, and by degrees come to lose you veracity, and sink into base downright lying; for, as Poor Richard says, the second vice is lying, the first is running in debt. And again to the same purpose, lying rides upon debt’s back.
We must all hang together, or assuredly we shall all hang separately.
doesn’t even matter what a militia is- the 2’nd Amendment wasn’t written just for a militia:
[[However, the Supreme Court has now definitively held that the Second Amendment protects an individual’s right to possess a firearm unconnected with service in a militia, and to use that weapon for traditionally lawful purposes, such as self-defense within the home. Moreover, this right applies not just to the federal government, but to states and municipalities as well.
The Court reasoned that the Amendment’s prefatory clause, i.e., “[a] well regulated Militia, being necessary to the security of a free State,” announced the Amendment’s purpose, but did not limit or expand the scope of the operative clause, i.e., “the right of the people to keep and bear Arms, shall not be infringed.”
The Court reasoned that this right is fundamental to the nation’s scheme of ordered liberty, given that self-defense was a basic right recognized by many legal systems from ancient times to the present, and Heller held that individual self-defense was “the central component” of the Second Amendment right.]]
“A free people ought not only to be armed, but disciplined...”
- George Washington, First Annual Address, to both House of Congress, January 8, 1790
“No free man shall ever be debarred the use of arms.”
- Thomas Jefferson, Virginia Constitution, Draft 1, 1776
“I prefer dangerous freedom over peaceful slavery.”
- Thomas Jefferson, letter to James Madison, January 30, 1787
“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.”
- Thomas Jefferson, letter to James Madison, December 20, 1787
“The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.”
- Thomas Jefferson, Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774-1776
“A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks.” - Thomas Jefferson, letter to Peter Carr, August 19, 1785
“The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed.”
- Thomas Jefferson, letter to to John Cartwright, 5 June 1824
“On every occasion [of Constitutional interpretation] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying [to force] what meaning may be squeezed out of the text, or invented against it, [instead let us] conform to the probable one in which it was passed.”
- Thomas Jefferson, letter to William Johnson, 12 June 1823
“I enclose you a list of the killed, wounded, and captives of the enemy from the commencement of hostilities at Lexington in April, 1775, until November, 1777, since which there has been no event of any consequence ... I think that upon the whole it has been about one half the number lost by them, in some instances more, but in others less. This difference is ascribed to our superiority in taking aim when we fire; every soldier in our army having been intimate with his gun from his infancy.”
- Thomas Jefferson, letter to Giovanni Fabbroni, June 8, 1778
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”
- Benjamin Franklin, Historical Review of Pennsylvania, 1759
“To disarm the people...[i]s the most effectual way to enslave them.”
- George Mason, referencing advice given to the British Parliament by Pennsylvania governor Sir William Keith, The Debates in the Several State Conventions on the Adooption of the Federal Constitution, June 14, 1788
“I ask who are the militia? They consist now of the whole people, except a few public officers.”
- George Mason, Address to the Virginia Ratifying Convention, June 4, 1788
“Before a standing army can rule, the people must be disarmed, as they are in almost every country in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops.”
- Noah Webster, An Examination of the Leading Principles of the Federal Constitution, October 10, 1787
“Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.”
- James Madison, Federalist No. 46, January 29, 1788
“The right of the people to keep and bear arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country.”
- James Madison, I Annals of Congress 434, June 8, 1789
“...the ultimate authority, wherever the derivative may be found, resides in the people alone...”
- James Madison, Federalist No. 46, January 29, 1788
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”
- William Pitt (the Younger), Speech in the House of Commons, November 18, 1783
A militia when properly formed are in fact the people themselves
and include, according to the past and general usuage of the states, all men capable of bearing arms
“To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them.”
- Richard Henry Lee, Federal Farmer No. 18, January 25, 1788
“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined.... The great object is that every man be armed. Everyone who is able might have a gun.”
- Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778
“This may be considered as the true palladium of liberty.... The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.”
- St. George Tucker, Blackstone’s Commentaries on the Laws of England, 1803
“The supposed quietude of a good man allures the ruffian; while on the other hand, arms, like law, discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The balance ofpower is the scale of peace. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside. And while a single nation refuses to lay them down, it is proper that all should keep them up. Horrid mischief would ensue were one-half the world deprived of the use of them; for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong. The history of every age and nation establishes these truths, and facts need but little arguments when they prove themselves.”
- Thomas Paine, “Thoughts on Defensive War” in Pennsylvania Magazine, July 1775
“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms.”
- Samuel Adams, Massachusetts Ratifying Convention, 1788
“The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.”
- Joseph Story, Commentaries on the Constitution of the United States, 1833
“What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty .... Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins.”
- Rep. Elbridge Gerry of Massachusetts, I Annals of Congress 750, August 17, 1789
“For it is a truth, which the experience of ages has attested, that the people are always most in danger when the means of injuring their rights are in the possession of those of whom they entertain the least suspicion.”
- Alexander Hamilton, Federalist No. 25, December 21, 1787
“If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state. In a single state, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or districts of which it consists, having no distinct government in each, can take no regular measures for defense. The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair.”
- Alexander Hamilton, Federalist No. 28
“[I]f circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist.”
- Alexander Hamilton, Federalist No. 28, January 10, 1788
“As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.”
- Tench Coxe, Philadelphia Federal Gazette, June 18, 1789
Dang, forgot link in above post of mine-
here it is: http://constitution.findlaw.com/amendment2.html
I think we probably agree on the issue. The definition matters, however, because it disarms the primary line of attack of liberals. So in addition to arguing the grammar of the operative vs. prefatory clause of the 2nd, like we typically do, we can also show liberals in debate that “well-regulated militia” doesn’t mean anything like what they want it to mean.
I like schooling liberals in debates...
That’s awesome. Penn is my favorite atheist... LOL One of the more honest people in public life.
It sounded to me like the reason for Posse Comatatus was that people were supposed to be allowed to create their own local military forces (militia) to deal with threats in their area, not have to wait and hope for the Feds to deal.
The structure of 2A is reason/conclusion, and as the militia phrase is in the first half it really shouldnt matter how its defined, because regardless we have the conclusion the right of the people ... shall NOT be infringed.
Yep. When seconds count, the police are just minutes or hours away!
Somewhere around 850 rounds per minute.
Yes but there are some good quotes in this thread.
I may need to refer to them again.
note the part i outlined in my post with the [[ ]] that states that the prefatory clause does not negate the post clause- ie the right of —The People— to own guns- the court’s arguments hinged on the fact that we all have an inalienable right to self defense using effective means, that has nothing to do with belonging to a militia- There are certain inalienable rights that can not be infringed, and are basic to survival and well being- the right to effective self defense is one of them and why our constitution includes the statement that the people’s right (Not the militia only’s right- but all the people’s right) shall not be infringed
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