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TeddyR

(2,493 posts)
37. I'd like to see some support
Mon Mar 28, 2016, 03:48 PM
Mar 2016

For the argument that "the people" and "the Militia" mean the same thing. I mean, support from legal authority would be nice, other than your misreading of Story. That is simply a silly proposition that is contrary to every tenet of statutory/constitutional construction. Courts give the same words the same meaning when interpreting statutes/constitutions, they don't say "people" means one thing in one section and another thing in a different section, and they don't say two completely different words with different meanings -- like "people" and "Militia" mean the same thing. Do you think "the people" in the Fourth Amendment are only the militia? And if the authors of the Second Amendment mean to protect the right of "the Militia" why didn't they limit the protection provided by the Second Amendment to "the Militia"? Do you think they didn't know how to do that, or maybe were confused?

With respect to the Story quote, yes, I added the piece you left out. And he is not equating the people with the militia. He is saying an armed populace can prevent despotism, he doesn't say a "militia" prevents despotism. But that doesn't really matter, since Heller established that the right to keep and bear arms is an individual one completely divorced from militia service.

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 #37