You know that doesn't mean there has been a national poll with 100% response and agreement right? ;-p
Of course but that goes both ways right? ;)
2nd amendment right ... where should it end?
by Simon 166 Replies latest social current
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Hadriel
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JeffT
I see no one bothered to find out what the militia is supposed to be. -
Simon
Of course but that goes both ways right?
That's fine, I'm only giving my opinion. I'm not speaking for the nation.
I see no one bothered to find out what the militia is supposed to be.
I think Berengaria posted a very interesting and comprehensive history to it.
Who exactly should determine what it should be now *now*? Isn't that the supreme court? So it changes as they change their opinion ...
i.e. it was significantly different before Scalia and may well be different after the makeup of the court changes if they are asked to rule on it again.
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JeffT
Who exactly should determine what it should be now *now*? Isn't that the supreme court?
No.
I think Berengaria posted a very interesting and comprehensive history to it.
Interesting yes, comprehensive no. It discusses one aspect of the militia history in the United States, but ignores (among other things) the history of the militia in English Common Law, which was very familiar to the framers of the Constitution.
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Simon
Really? So the Supreme Court aren't the ultimate arbiters of the constitution? Maybe someone should let them know!
I'm not convinced the laws of England have any bearing because they have no jurisdiction. If doesn't matter what similarities there may be, the whole point of the constitution was to setup an independent regime.
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JeffT
Article I section 8 (powers of Congress)
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;
Under this authority the Militia Act of 1903 created the Reserve Militia which consists of all able bodied men between the ages of 17 and 45; and the Organized Militia, which are all the state militias. Per RCW 38.04.030 I'm a member of the Washington State Militia even though I'm about to turn 65, Our unorganized militia has no upper age limit (and no reference to gender :) )
Edited to add: the English laws are relevant because most of the legal systems and laws set up in the colonial states were based on English law, since that's what we'd been living under.
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