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jimmy the one

(2,717 posts)
72. militia centric
Thu Nov 5, 2015, 12:01 PM
Nov 2015

surf guru: Regarding Miller, it does not support the collective right model.
SCOTUS has never embraced or endorsed any permutation of any collective right theory


1939 Supreme Court certainly did endorse a collective/militia interpretation of 2ndA. It was a unanimous decision, while heller split 5-4 with liberal dissent & a rightwing majority.

I'll ask you to read again the 1939 supreme court endorsement:
-- The Constitution, as originally adopted, granted to the Congress power -- 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.
-- With obvious purpose to assure the continuation and render possible the effectiveness of such {militia} forces, the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.


The 1939 Miller decision was 8-0 unanimous; if they had thought it an individual rkba disconnected from militia you'd think at least one justice would've piped up 'whoa fellow justices, look how we wrote that paragraph, future generations will think we gave 2nd amendment the militia interpretation'. Yet not one did, they all thought it correct as written.

surf guru: Armed self defense in public by citizens who were excluded from serving in the militia is what the "it" is in those excerpts and is what the 2nd Amendment protects.

Though vague & ambiguous, even if so your remark comports with the militia centric view (presuming your use of 'excluded' does not imply a total 2ndA disconnect from militia as per scalia). People could own guns & use them for self defense outside of militia, that's militia centric.
Note also that by this time the dichotomy between individual & militia interpretations of course existed.

US v. Cruikshank.. in 1876 the Court ruled that {2ndA} served only to protect the states against the federal govt. Because the states in 1787 were worried that a too-powerful federal govt might trample their rights, the Court said, {2ndA} was added to the Constitution guaranteeing their right to maintain militias. {2ndA} did not, in this interpretation, provide any individual right to keep and bear arms; it only guaranteed a state's right to maintain a militia. Moreover, since these militias were to be "well regulated," and since {2ndA}was aimed only at the threat posed by the federal govt, state govts were—according to this ruling—free to regulate guns in any manner they saw fit. http://www.shmoop.com/right-to-bear-arms/united-states-v-cruikshank.html

One of the critical holdings within the Cruikshank case was affirmed a decade later in Presser v. Illinois. This case stemmed from the arrest of a man named Herman Presser, who had organized military-style drills to train his own private militia of German-American workers, with the aim of fighting back against the armed security forces often hired by industrial employers. The state argued that this sort of private militia was dangerous and illegal; Presser argued that it was protected by {2ndA}. The Court ruled that the {2ndA} only restricted the federal govt; it was not a prohibition against state action and therefore Illinois could regulate private militia. The {2ndA} the Court ruled, did not give Herman Presser the right to run his own private army.

Another drive by post with no comment OakCliffDem Oct 2015 #1
Or we could change the SC make up and safeinOhio Oct 2015 #2
Except that the majority of citizens know it is not a collective right OakCliffDem Oct 2015 #4
"Natural Rights" and John Locke. safeinOhio Oct 2015 #5
Natural law folks safeinOhio Oct 2015 #9
That genie won't go back in the bottle Big_Mike Oct 2015 #27
what he said safeinOhio Oct 2015 #28
Stevens has been very forthright in stating and restating his position on 2A Big_Mike Oct 2015 #29
Just one vote, or one judge away from safeinOhio Oct 2015 #30
Just ike they ruled against gay marriage, "Obamacare" and repealed Roe v. Wade? DonP Oct 2015 #32
Who is it, do you think, thats going to bring a second amendment case... beevul Oct 2015 #33
Yep I missed that as I was focused on safeinOhio Oct 2015 #34
Hes just letting everyone know that he either doesn't understand... beevul Oct 2015 #35
Some really crazy gun rights person safeinOhio Oct 2015 #36
The latest in a long chain of similar examples, I'm sure. beevul Oct 2015 #37
You are focused on an invented interpretation. Surf Fishing Guru Nov 2015 #38
but, but, but, but safeinOhio Nov 2015 #39
no, he is describing the concept gejohnston Nov 2015 #40
and the 2nd is the ONLY right safeinOhio Nov 2015 #41
said no scholar ever gejohnston Nov 2015 #51
Really? safeinOhio Nov 2015 #52
for more about the author safeinOhio Nov 2015 #53
two critiques of his gejohnston Nov 2015 #55
No scholar ever. safeinOhio Nov 2015 #57
Saul Cornell gejohnston Nov 2015 #54
You said "NO scholar ever". safeinOhio Nov 2015 #56
I also said who studied the issue seriously gejohnston Nov 2015 #58
OK, how about 15 eminent university professors of early american history safeinOhio Nov 2015 #60
did they base their opinions on gejohnston Nov 2015 #61
fifteen eminent university professors of early American history safeinOhio Nov 2015 #62
your logical fallacy is gejohnston Nov 2015 #63
to answer your question gejohnston Nov 2015 #64
Sure academics can get called out on what they safeinOhio Nov 2015 #65
they all do gejohnston Nov 2015 #66
Is someone who sells out to a gejohnston Nov 2015 #59
You should do some research. Write a paper. safeinOhio Nov 2015 #67
why when so many have done much better gejohnston Nov 2015 #68
what, what, what, what . . . Surf Fishing Guru Nov 2015 #50
how did you miss 1939 miller???? jimmy the one Nov 2015 #44
So,did that repeal the National Firearms act, pass a few years earlier safeinOhio Nov 2015 #45
Well . . . Surf Fishing Guru Nov 2015 #49
militia centric jimmy the one Nov 2015 #72
You have a very fertile mind and great skill finding souces rife with confirmation bias Surf Fishing Guru Nov 2015 #74
surfer guru in fantasy land jimmy the one Nov 2015 #76
Oh Jimmy! Surf Fishing Guru Nov 2015 #80
barroom dancer april love jimmy the one Nov 2015 #78
Awwww Jimmy . . . Surf Fishing Guru Nov 2015 #81
no louisiana militias circa reconstruction? jimmy the one Nov 2015 #79
Facepalm . . . Surf Fishing Guru Nov 2015 #82
con artist in the surf jimmy the one Nov 2015 #83
No kidding. They think the NRA disbanding will change the constitution? yeoman6987 Oct 2015 #3
The NRA and accomplices managed to change the reading of the Second Amendment... Human101948 Oct 2015 #8
Accomplices? People such as Big_Mike Oct 2015 #10
Scholarship? Human101948 Oct 2015 #11
Yes, scholarship Big_Mike Oct 2015 #26
lawrence tribe misconception strikes again jimmy the one Nov 2015 #43
I read an article on it in the NY Times years ago. Big_Mike Nov 2015 #69
Still think Tribe is on your side? jimmy the one Nov 2015 #70
You miss my point regarding Professor Tribe Big_Mike Nov 2015 #75
The 2A posits an individual right that can be strictly regulated hack89 Nov 2015 #77
Destroying rights is really "progressive"....what a dolt. ileus Oct 2015 #6
World Nut Daily? Really? krispos42 Oct 2015 #7
Aren't we always lectured by our "betters" on using right wing sources? DonP Oct 2015 #12
You can use any source IF it fits an agenda. ileus Oct 2015 #13
Well, some people can. Others are pilloried for doing it. DonP Oct 2015 #14
You mean this one? GGJohn Oct 2015 #19
Ah, the vanishing and reappearing Co-Captain of Castle Bansalot DonP Oct 2015 #21
So true Duckhunter935 Oct 2015 #23
I recall a post sarisataka Oct 2015 #24
That's rich sarisataka Oct 2015 #15
"...articles written by noted politcal analysts Chuck Norris, Pat Boone and Charlie Daniels." beardown Oct 2015 #22
Ah, The Political Theory of Mass Extinction rides again. Eleanors38 Oct 2015 #16
Gee, SecMo, someone was complaining in ATA 'bout using RW sources in gun discussions. Eleanors38 Oct 2015 #17
I thought World Nut Daily was a no no here? GGJohn Oct 2015 #18
Nice rightwing nutbag source Duckhunter935 Oct 2015 #20
So the gun control movement is reduced to racism and eliminationism. Nuclear Unicorn Oct 2015 #25
There's no fool ... Straw Man Oct 2015 #31
hispanics on planet pew jimmy the one Nov 2015 #42
Yup, Planet Pew ... Straw Man Nov 2015 #46
more from planet pew jimmy the one Nov 2015 #47
Nice cherry-picking, Jimbo. Straw Man Nov 2015 #48
entrail auspices jimmy the one Nov 2015 #71
Polls don't tell us what people really think ... Straw Man Nov 2015 #73
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