The Federal Army I served in was totally Federal. I got my draft notice from the Feds. Back at home they had the National Guards. Those were paid to defend each of the states from the Feds primarily. So the regulated militia you speak of was for states but not for the Feds except in times of a national war.
So you’re going tell us what the 2nd amendment reads and how the English language defines it but one of the founders can’t? Get out of dodge
I just WROTE them, when YOU tried to remove them. What are you talking about. How can "States" have rights? I'm not talking about the states. I'm talking about the 2nd A. That's a FEDERAL law. Focus!
That was well established in the law and that was used by the Confederates to create their states not under the rule of the Feds, but by their own citizens in those states. The North caved in to Lincoln. The South got invaded by Lincoln.
No idea what you're talking about. Again: if you have a case to make, make it! And if you have anything to say to contradict what I said, say it!
Fudge, now I have to try to teach you American history. I doubt it will help one bit. The rights were of whom? Focus, the Bill of Rights containing that amendment was to protect whom? If it was to protect the Feds, it would have shown up in their part of the constitution.
Tech Coxe, who was very much aware of the wording of the Second Amendment, being contemporary with it and friends with its author, recognized that it protected an individual right to keep and bear arms. That's the argument being made.
The current one is, too. “Well-regulated” modifies “militia”. The Constitution grants powers to government. The Bill of Rights restricts the powers of government. The Constitution granted Congress (and only Congress) the power to organize, arm and discipline the militia in Article 1, Section 8, Clause 16. Congress, using this authority, has passed five Militia Acts since ratification of the Bill of Rights to regulate the militia. Current law on militia regulation is 10 USC 246. U.S. Code § 246.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. The Second Amendment can only limit the power of government, not expand it. That limitation was expressed in the clause "the right of the People to keep and bear arms shall not be infringed. Nothing in the Bill of Rights limits the rights of the people.
Ignore the OP. I already wrecked his entire thesis as it revolves around his personal distinction that a militia is no longer necessary. Since he can't, you know...see into the future
I want to make one observation. Were I to first encounter the statements above, I would know 100 percent the statements are made by a loyal Democrat., When they lost the war, they got very angry. Created the Jim Crow laws, made up rules to follow by the dark fellows and it took the republicans clear up to 1964 to stamp out their prejudiced thinking and correct them on rights.
I'm not talking about "the rights". Only about the 2nd A. And before we can move you up to history (I have two threads on that topic: History 101 and History 102), you first need to understand the words. Don't go rushing, now.... Are we in agreement that the 2nd A does not grant any right to bear arms? If we are, we can move on. If not, then you need to state your objections.
He was lecturing us on now wonderful Democrats are on my own topic, which was a topic about Chris Cuomo, that he derailed there, so now he is here lecturing us again on his great Democrats theories of our Bill of Rights.
None of the rights listed in the Bill of Rights grant rights. None of them empower the government in any way, either.
If you can get Tech Coxe into this forum, then I'll debate with him. If not, and you can't defend what he says, then there is no point in wasting our time. Thanks for playing....
When so many states prior to and subsequent to the ratification of the Bill of Rights continued to recognize the right to keep and bear arms as an individual right, did they just miss something? How could they continue to recognize an individual right that didn't exist?
The 2nd Amendment admits individuals needing protecting have those rights that you laid out. It says the right to keep and bear arms shall not be infringed. The militia mentioned was for local farmers, some in cities inside states. That is why it is both an individual right plus a state right. Say can you name the rights of the Federal Government? Explain the Federal Government bill of rights. Bear in mind the part you may attempt to divert too are not rights, they are duties of the Feds. One duty is not to infringe on our right to keep and bear arms. Manage to locate any right by the Feds to stop us? Trump pissed me off when he put an end to Bump stocks. Machine guns are taxed, but not because they are not a right.
Sure. It restricts the power of the government to not regulate militias (double negative intended) when they are necessary for the security of a free state. Bingo! ONLY Congress can do those things. What the hell are you talking about. The U.S. Code didn't exist when the 2nd A was passed! Are you understanding that this thread is about the 2nd A?
That is more than just law, that is all the unblemished facts as presented by our own constitution in it's entirety.
The only powers over the militia not enumerated to the government were electing officers and conducting training. Congress regulated the hell out of the militia. True. The individual right to keep and bear arms for self defense, did. It's an example of the power of Congress to regulate militia. Congress was granted no power to restrict the arms of the people. Yes, in reference to both "well-regulated militia" and "the right of the People to keep and bear arms shall not be infringed".
