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jimmy the one

(2,717 posts)
31. remedial history for ghosts
Mon Mar 28, 2016, 11:14 AM
Mar 2016

ghost: I STILL don't understand what is so hard to comprehend about 4 simple words... "the right of the people", especially when everyone seems to understand it when used in "We, the People".....

The people was synonymous with the militia in the 2ndA, as demonstrated by scotus justice joseph story here. Story claims the 'people' can be duly armed, only by a well regulated militia:

jos story early 1800's: And yet, though this truth would seem so clear, and the importance of a well regulated militia would seem so undeniable, it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burthens, to be rid of all regulations.
How it is practicable to keep the people duly armed without some organization, it is difficult to see. There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our national bill of rights
.
http://presspubs.uchicago.edu/founders/documents/amendIIs10.html

Your argument did not reference to the 1939 Miller supreme court case, which clearly noted 2ndA was militia based, and a followup dept of justice (DOJ) brief to the very 1939 court declaring the DOJ's opinion of 2ndA:

1939 Miller scotus case: 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.

https://www.law.cornell.edu/supremecourt/text/307/174

doj brief, 1938: In the only other case in which the provisions of the National Firearm Act have been assailed as being in violation of the 2nd Amendment (US v. Adams {1935}, the contention was summarily rejected as follows: The second amendment to the Constitution, providing, "the right of the people to keep and bear arms, shall not be infringed," has no application to this act. The Constitution does not grant the privilege to racketeers and desperadoes to carry weapons of the character dealt with in the act. It refers to the militia, a protective force of government; to the collective body and not individual rights.

A well regulated militia? [View all] flamin lib Mar 2016 OP
If we were to live in a fact based world randr Mar 2016 #1
Please elaborate TeddyR Mar 2016 #2
Oh... let's see... 2naSalit Mar 2016 #6
As the individual below pointed out TeddyR Mar 2016 #11
After thinking about this TeddyR Mar 2016 #12
depends on which Bundy situation gejohnston Mar 2016 #15
Blocked traffic and threatened to murder folks with their guns? stone space Mar 2016 #21
illegally occupying or blocking public use of public land gejohnston Mar 2016 #24
I'll start randr Mar 2016 #9
Human beings are flawed... CompanyFirstSergeant Mar 2016 #3
Heller clarified that the Second Amendment TeddyR Mar 2016 #4
Heller "clarified" about as much as Bowers v Hardwick "clarified". stone space Mar 2016 #22
I'm sorry you don't like the fact TeddyR Mar 2016 #25
The 2A protects an individual right hack89 Mar 2016 #5
Do you have any comment on those sarisataka Mar 2016 #7
Bran muffins JonathanRackham Mar 2016 #8
Before the 2A, there was a guarantee to life and liberty. ileus Mar 2016 #10
Your logic is more cantilevered than an old railroad bridge... Eleanors38 Mar 2016 #13
Since the 'well regulated militia' has been recreated into the jmg257 Mar 2016 #14
This message was self-deleted by its author CompanyFirstSergeant Mar 2016 #16
Too many people misinterpret the 2nd Amendment *because* of the "well regulated militia" term... Ghost in the Machine Mar 2016 #17
Nice commentary but you missed the whole point of the OP. nt flamin lib Mar 2016 #18
No, your point was to try to lump all gun owners into a "militia", which is a false analogy. n/t Ghost in the Machine Mar 2016 #20
british scholars disagreed with heller jimmy the one Mar 2016 #30
remedial history for ghosts jimmy the one Mar 2016 #31
Why do you keep citing Miller? TeddyR Mar 2016 #32
It takes a militia jimmy the one Mar 2016 #33
I'd like to see some support TeddyR Mar 2016 #37
Story's full quote, parsed jimmy the one Mar 2016 #40
Thanks TeddyR Mar 2016 #42
You do Justice Story a disservice TeddyR Mar 2016 #43
Only 1% - 6% voted unanimous for G.Washington jimmy the one Apr 2016 #46
Here's a bit, when Congress was actually discussing the article that became the 2nd amendment... jmg257 Mar 2016 #41
Once again you twist Story's words tortoise1956 Apr 2016 #45
blackstone wasn't individual 'have arms' man jimmy the one Apr 2016 #47
Seems like you are confusing the military (armies, Navy) with the militia. jmg257 Mar 2016 #35
I think you are confused about who "the PEOPLE" are... Ghost in the Machine Mar 2016 #38
The Militia was formed from the body of the people, so yes - the people had their rights jmg257 Mar 2016 #39
You seem to confuse the militia with the individuals who may nor may not be in it. ManiacJoe Mar 2016 #19
A Well-Regulated Militia stone space Mar 2016 #23
Cartoons, the last resort of a poster who has nothing original of their own to say. Lurks Often Mar 2016 #26
Post removed Post removed Mar 2016 #28
Aww, do you have a sadz? Lurks Often Mar 2016 #29
It is understandable... beevul Mar 2016 #34
That one has less self control then most Lurks Often Mar 2016 #36
Amazing how this "art/journalism" form has remained so static in this day and age. nt Eleanors38 Apr 2016 #44
Members of a Christian militia accused of plotting an antigovernment uprising were acquitted... discntnt_irny_srcsm Mar 2016 #27
Latest Discussions»Issue Forums»Gun Control & RKBA»A well regulated militia?»Reply #31