Subdeacon Joe Posted September 12, 2013 Share Posted September 12, 2013 Say, yes, it DOES apply to the militia: 307 U.S. 174 United States v. Miller The signification attributed to the term Militia appears from thedebates in the Convention, the history and legislation of Colonies andStates, and the writings of approved commentators. These show plainlyenough that the Militia comprised all males physically capable of actingin concert for the common defense. "A body of citizens enrolled formilitary discipline." And further, that ordinarily, when called forservice these men were expected to appear bearing arms supplied bythemselves and of the kind in common use at the time. So, it would seem that anyone "physically capable of acting in concert for the common defense" is part of the militia, and expected to have current military grade firearms. Link to comment
Chicken Rustler, SASS #26680 Posted September 12, 2013 Share Posted September 12, 2013 Most Americans learn their history from Hollywood, so next time somebody brings up the militia argument just tell them to watch 'The Patriot' again. In the movie they show the contrast between the regular army and the militia, and the founding fathers wanted to be able to count on the militia to supplement a small standing army if they were ever needed. They added 'well regulated' because they didn't want the militia to scatter and run as soon as the first shot was fired at them, that lesson is reinforced in the climactic bettle scene of the movie. Link to comment
FriscoCounty Posted September 13, 2013 Share Posted September 13, 2013 States may not keep an organized militia without the consent of Congress and Congress has the power when it comes to arming them. So, when the second amendment reserves the right of the people to keep and bear arms, it means the people as any organized state militia is under the indirect control of the Federal government. Congress has the power to call up the Militias of the States for domestic purposes only. The National Guard is NOT a state Militia - it is the name used by the US government for the Reserve forces of the US Military. So it can be deployed internationally. Article I, Section 8 Congress shall have the power ... To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; Article I, Section 10. No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into anyAgreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. Link to comment
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