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Old December 31, 2009, 05:52 PM   #108
Tennessee Gentleman
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Join Date: March 31, 2005
Location: Tennessee
Posts: 1,775
Quote:
Originally Posted by Antipitas
The peoples individual right to keep and bear arms only seems tangential. However, without that right, there is no militia.
Al, this is the crux and irony of the argument. Both the hard core pro and anti gunners want the militia to be tied to the right to keep and bear arms. Of course, they want it for different reasons.

The antis want it tied to the militia because they know the militia is dead and unlikely to be revived and so they may pass any and every type of gun control legislation they wanted all the while saying "Your right to own that shotgun is tied to your service in the miltia and when we decide to call it up you can have your gun!"

The pros want the militia tied in so they can claim a right to own any and every type of military weapon they could afford without restriction.

To this I say: Thank God for Heller who correctly separated the two. Now I can own a weapon in common use for civilian self defense, we can restrict military weapons unsuitable for civilian self defense and all is in balance IMO.

Quote:
Originally Posted by Antipitas
That was the problem over the militias that the anti-federalists objected to. If the Congress refused to arm the militias, or the Congress passed a law to disarm the militias, that was well within the powers granted by the Constitution. The Second Amendment was the answer.
Thanks Al! Don Randall please read this! This was the "defect" in Article One you asked about.

Quote:
Originally Posted by Antipitas
So just who were the militia? We all know the answer: They were every man (and many times, every boy) capable of defending hearth and home.
That was the idea but THAT was established by statute who the militia was and not the COTUS. As I have shown in other posts almost as soon as the Militia Act of 1792 was passed states started trying to get out of it. It was too expensive, the American people did not like being a part of a compulsory militia. Alexander Hamilton, George Washington and later even ole TJ himself realized it just wouldn't cut it. So the well-regulated militias of the states became the National Guard and today by statute we have the Organized militia which is the National Guard which is the direct lineal descendant of the state well-regulated miltias of the 2A and the unorganized militia which is merely a pool of people that the Organized Militia MAY draw it's membership from and accordingly have no rights, duties or responsibilties.

I still maintain that to the individual citizen today the 2A only applies to their own ability to defend themselves personally not to rebel against the government.
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Last edited by Tennessee Gentleman; December 31, 2009 at 06:01 PM.
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