You r****s keep ignoring "A well regulated Militia, being necessary to the security of a free State".
We already found you to be an imbecile.....but I can't help rubbing it in: militia:
Militia.
. “…well regulated militia…” Consider the sentence “Being a fisherman, Joe needs a boat.” Does this mean that Joe should only buy a boat if he fishes for a living?
WTF?
Joe doesn't need a boat to be a fisherman.
He doesn't "fish" with his hands, he does need a pole or a net.
The reference to a militia is a reason why the people “When the words of the enacting clause are clear and positive, recourse must not be had to the preamble.” James Kent, Commentaries on American Law, 1858 (Legal scholar and law professor at Columbia College)
Opinion.
"A well regulated Militia, being necessary to the security of a free State".
That's called a prerequisite.
pre·req·ui·site
[prēˈrekwəzət]
NOUN
- a thing that is required as a prior condition for something else to happen or exist.
You just got though repeating "For an originalist, direct evidence of the actual use of a word is the most important source of the word’s meaning"
WHICH, you promptly 'forgot", because it didn't promote your narrative.
In the Constitution, Congress is given the power “to promote the Progress of Science and the useful Arts” by enacting copyright and patent laws (Article 1, Section 8). Would you argue that every copyright work or patented invention must promote scientific progress and useful arts?
Another WTF?
Doesn't mention ANYTHING about MUST.
Article 1, Section 8, Clause 8, known as the
Copyright Clause. Under the Copyright Clause,
Congress has the power, "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
1792 Militia Act of 1792, setting forth standards for the May 2 Act, (1792 Militia Act of 1792 was passed by the Second Congress, allowing the president to call out members of the states militias.) including a] each and every free able-bodied white male citizen of age 18 and under age 45… b] provide himself with a good musket,…bayonet and belt,… not less than twenty four cartridges.; c] exempting all elected officials and employees of the government.
You messed up the dates, and of course, wrote only the part that fit your narrative.
The
second Militia Act of 1792 was passed on May 8, 1792, and provided for the organization of state militias and the
conscription of every "free able-bodied white male citizen" between the ages of 18 and 45.
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.
So, what if a person was never approached by a captain or commanding officer?
ANOTHER prerequisite, republican ignore.
Militia members were required to equip themselves with a
musket,
bayonet and belt, two spare flints, a box able to contain not less than 24 suitable
cartridges, and a knapsack. Alternatively, everyone enrolled was to provide himself with a
rifle, a powder horn, ¼ pound of gunpowder, 20 rifle balls, a shot-pouch, and a knapsack.
Exemptions applied to some occupations, including congressmen, stagecoach drivers and ferryboatmen.
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. (See enumerated powers in Article 1,Section 8.)
Another opinion, never enacted.
Article I, Section 8, Clause 15:
[The Congress shall have Power . . . ] To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; . . .
The states as well as Congress may prescribe penalties for failure to obey the President's call of the militia. They also have a concurrent power to aid the National Government by calls under their own authority, and in emergencies may use the militia to put down armed insurrection.
1 The Federal Government may call out the militia in case of civil war; its authority to suppress rebellion is found in the power to suppress insurrection and to carry on war.
That means if there isn't any call for a militia, by the government, then a militia is effectively disbanded.
No emergencies, no active militia's.
Just like today's National Guard, you're a part of it but not active unless called upon.
So, you are not required to have a weapon when not active.
Matter of fact, in the NG, you cannot take your weapon home with you.
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.
Implied?
NO, it didn't.
The defendants Jack Miller and Frank Layton were indicted on charges of unlawfully and feloniously transporting in interstate commerce from Oklahoma to Arkansas an unregistered double barrel 12-gauge shotgun having a barrel less than 18 inches in length, in violation of the National Firearms Act, 26 U.S.C.S. § 1132c et seq. ("Act").
At trial in federal district court, the defendants filed a
demurrer to the indictment alleging that the Act was not a revenue measure but an attempt to usurp police power reserved to the states and so was unconstitutional.
Defendants further argued that the Act violated the Second Amendment to the United States Constitution. The district court held that the section of the Act that made it unlawful to transport an unregistered firearm in interstate commerce was unconstitutional as violative of the Second Amendment.
It accordingly sustained the demurrer and quashed the indictment. The government took a direct appeal to the Supreme Court.
On March 30, 1939, the Supreme Court heard the case. Attorneys for the United States argued four points:
- The NFA is intended as a revenue-collecting measure and so is within the authority of the Department of the Treasury.
- The defendants transported the shotgun from Oklahoma to Arkansas and so used it in interstate commerce.
- The Second Amendment protects only the ownership of military-type weapons appropriate for use in an organized militia.
- The "double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length, bearing identification number 76230," was never used in any militia organization.
So, was a sawed off 12 gauge shotgun approved for use in the militia they belonged to?
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)
[
10 U.S. Code § 311 - Exchange of defense personnel between United States and friendly foreign countries: authority]
have a right to arms, but it is not the only reason.
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)
YES, it does.
Either the state or federal government, local authority has to regulate or command certain rules for a militia.
The
original Constitution pertaining to
“the Militia of the several States”[1] and the Second and Fifth Amendments all speak with one clear and consistent voice, and notwithstanding that they are all parts of the selfsame “supreme law of the Land”
[2]—which “[t]he Senators and Representatives [in Congress]” as well as “the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by
Oath or Affirmation, to support”
[3]—the Constitution’s commands remain unfulfilled.
Otherwise, the people in a self-proclaimed "militia" could be a force, that is against their local, state and federal governments, as in overthrowing them
How many times do perfect strangers walk up, point at you, and laugh???????????
I couldn't imagine all the people that laugh at you, Q NUT.
You nutjobs are too stupid, to know......................you're stupid..............and don't care.