Mr.Nick
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- May 10, 2011
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Mind if I add something here?
Article I, section 8...the enumerated powers.
Speaking of Art. I Sec. 8 what's your take on clauses 15 & 16? What was the original intent of the relationship between "arms" and "Militias"?
The militia always exists, therefore it need only be called up, as opposed to clause 12, re: army.
Navy (clause 13) also existed.
a. George Mason, Father of the Bill of Rights:"I ask, Who are the militia? They consist now of the whole people, except a few public officers." (Jonathan Elliot, The Debates of the Several State Conventions on the Adoption of the Federal Constitution, [NY: Burt Franklin,1888] p.425-6)
The Constitution gave Congress the power to raise and support a national army, and to organize “the Militia.” This is because an army didn’t naturally exist, while “the Militia” only had to be organized: it always existed.
The Supreme Court, in US v. Miller, (1939) “…militia system…implied the general obligation of all adult male inhabitants to possess arms, and, with certain exceptions, to cooperate in the work of defence.” It concluded that the militia was primarily civilians.
Today, federal law defines “the militia of the United States” to include all able-bodied males from 17 to 45 and members of the National Guard up to age 64, but excluding those who have no intention of becoming citizens, and active military personnel. (US Code Title 10, sect. 311-313)
b. “…well-regulated…” Regulated does not refer to government regulations. Contemporary meaning from definitions in the Oxford English Dictionary. "Regulated" has an Obsolete definition (b) "Of troops: Properly disciplined" and then "discipline" has a definition (3b) applying to the military, "Training in the practice of arms and military evolutions; drill. Formerly, more widely: Training or skill in military affairs generally; military skill and experience; the art of war." (The pesky meaning of "Well Regulated" - Democratic Underground
The term "militia" is pretty blunt..
The notion it even needs to be interpreted is retarded....
Funny how I can pick up a book from that period and still I can read it yet supreme court justices have a difficult time interpreting their language.
"Militia" is a civil army.... Hence the people have the right to keep and bear arms to form a civil army.....
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