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2016-03-12 -Land of the Free

This Week in Guns, March 12, 2016

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Posted by badanov 2016-03-12 00:00|| || Front Page|| [4 views ] Top

#1 The part they and even gun supporters miss about the issue is what is the militia. In 1792 that was every free white male 18 to 45, to be armed with the same type weapon that the small standing army was equipped with. That little nagging thing called the Constitution had in its contents, Article I, Section 8 that particular power in Congress -

The Congress shall have power...

To make Rules for the Government and Regulation of the land and naval Forces;
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;

Today that is found in Title X, USC -

10 U.S. Code § 311 - Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

That means, whether you want to or not, per the authority granted by the Constitution, Congress has enrolled said males into the federal militia. It's the basis of what commonly is referred to as the 'draft' which is more accurately the selective activation of that federal militia (ie Selective Service). Do away with the law governing the militia and technically the 14th Amendment comes into play prohibiting involuntary servitude. That's if you believe in law and the constitution sort of stuff. Non-applicable if you just believe in power.

Posted by Procopius2k 2016-03-12 07:54|| 2016-03-12 07:54|| Front Page Top

#2 P2K - What you say is true, but when I go back and read the 2A this is what I see:

Because a well regulated Militia is necessary for the security of a free State, the right of the people individually to also keep and bear arms shall not be infringed. [my edits]

In other words, because the government must have access to military force, the people must have access to it as well.

Posted by Iblis 2016-03-12 12:53|| 2016-03-12 12:53|| Front Page Top

#3 Yep. The founders never trusted a standing army of any significance. They were just recently Englishmen who's experience include Oliver Cromwell. That's reflected in the document. Also, they didn't want the standing army to be much better armed than the militia for the same reason.

Posted by Procopius2k 2016-03-12 16:14|| 2016-03-12 16:14|| Front Page Top

#4 There was a lot of concern even with a standing Navy.

Posted by swksvolFF 2016-03-12 18:44|| 2016-03-12 18:44|| Front Page Top

#5 The Mosby links are nice, thanks badanov.

Posted by swksvolFF 2016-03-12 19:17|| 2016-03-12 19:17|| Front Page Top

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