wanzer777 wrote:Public Service announcement: The second amendment was not intended to help people overthrow the government, "well regulated" meant well trained, the purpose of the whole thing was to reduce or eliminate the standing army which can and is used as a tool of oppression.
This author argues that all able-bodied white male citizens were eligible to be called up by the militia, thus the right to bear arms extended to everyone who belonged to that group, even though not everyone was actually called up for service. I've never heard of anyone being charged in the U.S. for possessing a firearm outside of militia service.
"Congress has supervisory authority over the armed forces generally, but the authority to train the militia and appoint militia officers is reserved to the states, provided they conduct that training "according to the discipline prescribed by Congress." Congress also has power to provide for calling the militia into federal service, meaning that Congress can federalize the militia of one or more states or pass legislation authorizing the president to call the militia into federal service.
One more provision of the Constitution deserves our attention — the Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The reference to the militia states a reason for the right to bear arms, not a condition thereto. Note that the word "people" is not used interchangeably with the word "state," and that the term "keep and bear arms" implies individual ownership of weapons. Collectivists have argued that the Second Amendment protects only the right of the state to maintain a military force. However, in the 2008 District of Columbia v. Heller decision, the Supreme Court ruled 5-4 that the amendment protects the individual citizen's right to bear arms (although the court also errantly said this right is subject to state regulation).
In 1792, Congress passed the Uniform Militia Act to give limited direction to the state militias. Section 1 of the act defined militia according to the common historic understanding:
That each and every free able-bodied white male citizen of the respective states, resident therein, who is or shall be of the age of 18 years, and under the age of 45 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 citizens shall reside, and that within 12 months of the passing of this act.... That every citizen so enrolled and notified shall, within 6 months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack [etc.] ... and shall appear so armed, accoutred and provided, when called out to exercise, or [into] service ... and that from and after five years from the passing of this Act, all muskets for arming the militia as herein required shall [be] of bores sufficient for balls of the eighteenth part of a pound. And every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.
The definition of the militia as all able-bodied male citizens was in keeping with the understanding of the time.
Defender of Liberty
One purpose of the militia is to defend the liberty of the people against foreign invaders. Throughout history it has worked effectively, and it still works today. In "The Rationale of the Automatic Rifle," Massad Ayoob recounts part of a conversation that took place when Cmdr. Robert Menard attended a 1960 meeting between U.S. Navy personnel and their Japanese counterparts. One American naval officer asked why the Japanese did not invade America's west coast during WWII. A Japanese admiral answered: "We knew that probably every second home in your country contained firearms. We knew that your country actually had state championships for private citizens shooting military rifles. We were not fools to set foot in such quicksand."
But the militia serves another purpose: the defense of the people's liberty against domestic tyrants. To many Americans today, this thought seems radical and almost subversive. But consider James Madison's words in The Federalist, No. 46:
Let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the state governments with the people on their side would be able to repel the danger. The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth of the number able to bear arms. This proportion would not yield in the United States an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops.
And Alexander Hamilton, a continental colonel but hardly a wild-eyed revolutionary, expressed a similar thought in The Federalist, No. 29:
Little more can reasonably be aimed at with respect to the people at large than to have them properly armed and equipped;... This will not only lessen the call for military establishments; but if circumstances should at any time oblige the government to form an army of any magnitude, that army can never be formidable to the liberties of the people, while there is a large body of citizens, little, if at all, inferior to them in discipline and in the use of arms, who stand ready to defend their rights and those of their fellow citizens.
Across the ocean and across the millennia, Aristotle would have agreed:
A king's bodyguard is composed of citizens carrying arms; a tyrant's of foreign mercenaries.... Members of the constitution must carry [arms] even among themselves, both for internal government and in the event of civil disobedience and to repel external aggression.... For those who possess and can wield arms are in a position to decide whether the constitution is to continue or not.
From the adoption of the Uniform Militia Act of 1792 through the passage of the Dick Act in 1903, militias continued to be a bulwark of the nation's defense. Usually they were organized locally and consisted of men who were mostly friends and neighbors of each other, and commonly they elected their own officers, although they were subject to state regulation. Just before the War Between the States, the United States Army consisted of 1,108 officers and 15,259 enlisted men, but there were thousands of militias, each consisting of about 30 to 60 men. Quickly after the war began, the Union Army swelled to 2,500,000 men, and the Confederate Army consisted of 1,000,000 men. Both sides relied upon the militia units that fought for their respective states.
After the war, the status of discipline of many militias gradually declined. In the North many of the militias simply ceased to exist, and in the South they were suppressed by the Reconstruction regime. In the 1870s, many states passed new laws requiring male citizens to serve in the militias, but these laws were poorly enforced and largely ignored.
Federalizing the Guard
In 1903, Congress passed the Dick Act, which began the process of federalizing the National Guard. Rep. Charles Dick's bill divided the American adult male population, other than those serving on active duty, into two categories: (1) the National Guard (the organized militia), and (2) the Reserve Militia (the unorganized militia, all other able-bodied adult male citizens). The 1916 National Defense Act revised the Dick Act and provided that "the militia of the United States shall consist of all able-bodied male citizens of the United States ... who shall be more than 18 years of age and ... not more than 45 years of age, and said militia shall be divided into 3 classes, the National Guard, the Naval Militia, and the unorganized militia."
And as federal funding for the Guard increased, so federal control over the Guard also increased, and the Guard gradually ceased to be a defender of the people's liberty against domestic tyranny.
A further reorganization took place in 1933, under which certain specially designated National Guard units received special attention and funding from the federal government. Men who enlisted in these Guard units were considered to have simultaneously enlisted in both their state's Guard Unit and the National Guard of the United States. Members of these units could be ordered to active duty with the United States armed forces, and upon completion of that service, their status would revert to that of members of their state's Guard. Guard units were better funded than before, but much of their independence and their identity as representatives of their respective states was lost. It is an old story, repeated many times before and many times since: federal aid leads to federal control.
At first, members of these units could be ordered to federal service only in the event of a national emergency. (Article I, § 8 says Congress can call the militia into federal service "to execute the Laws of the Union, suppress Insurrections and repel Invasions.") In 1952, Congress removed that requirement but provided that, in the absence of a national emergency, a state Guard unit could be federalized only with the governor's consent. That consent requirement was partially repealed by the Montgomery Amendment of 1986, which provided that a governor may not withhold his consent to federalization of his state's Guard unit for service outside the United States because of any objection to the location, purpose, type, or schedule of such duty.
In 1987, Minnesota Governor Rudy Perpich objected to the deployment of the Minnesota National Guard to Central America, alleging that the Montgomery Amendment unconstitutionally interfered with his authority over the Guard pursuant to Article I of the Constitution. In Perpich v. Department of Defense, 496 U.S. 334 (1990), the Supreme Court held that, under the dual-enlistment system established in 1933, guardsmen lose their status as militia members when they are ordered to federal service, and therefore the militia clauses of Article I, § 8 afford them and their units with no constitutional protection. The practical effect of this decision is that National Guardsmen are, first and foremost, federal troops; their connection with the state militias is increasingly tenuous.
Over the years from 1903 to 1990, Guard units have increasingly come under the authority of the United States government. They still bear the name of their respective states, i.e. the Idaho National Guard, and they still perform functions for their respective states. But it is now clear that they are federal forces first, state forces only second, and only at the sufferance of the federal government. The Guard continues to perform admirable service in the defense of our nation, and they serve heroically to defend their states and local communities against natural disasters like Tropical Storm Katrina. Any American who serves or has served in the Guard should be proud indeed. But the guardsman's role as defender of the people of his state against domestic tyranny, as envisioned by Madison and Hamilton, has virtually disappeared."
https://www.thenewamerican.com/culture/ ... -and-today
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