Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

jimmy the one

(2,717 posts)
30. miller vs unorganized militia
Tue Jan 1, 2019, 12:00 PM
Jan 2019

In 1939 the supreme court previously 'last' ruled on the 2ndA in the Miller decision, a unanimous 8-0 ruling (1 recusal since new arrival) and offered this interpretation:

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://supreme.justia.com/cases/federal/us/307/174/case.html

also in 1939 ruling: In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument

This 1939 supreme court ruling on miller was UNANIMOUS. Not one justice felt the above wording to be wrong or misleading about any individual rkba, they clearly called it for the militia interpretation. Not one justice thought 'whoa fellow justices, look how we worded that, future generations are gonna think we're ruling for a militia interp' Nope, all thought it was proper wording.
.. Note, the 9th justice later wrote a book or paper supporting gun control.

Add on amicus brief citing adams by justice dept in 1938 to the 1939 supreme court re miller: In the only other case in which the provisions of the National Firearms Act have been assailed as being in violation of the Second Amendment, 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.
http://www.guncite.com/miller-brief.htm

Scalia kicked stare decisis (scotus bound by previous interpretations handed down thru the years), in the ass & the right wing put him on a pedestal praising his deceitful greatness.

US Militia code, circa 1903 under teddy roosevelt: 10 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, .. et cetera:
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; (2% american adults) 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.
98% of american adults fit here, at any given time (approx).
https://www.democraticunderground.com/?com=view_post&forum=1172&pid=206865

Note in class 2, the unorganized militia (approx 99% of americans belong or belonged or will belong) does not meet the requirements of the 2nd amendment, in that, by definition, an unorganized militia is NOT well regulated. It could not possibly be what madison intended in 1791..
There is no well regulated all encompassing citizens militia any longer, as intended by madison & founding fathers; thus the 2ndA is obsolete & invalidly applied to an individual right interpretation.

United States v. Miller, 307 U.S. 174 (1939) [View all] discntnt_irny_srcsm Dec 2018 OP
What weapons are appropriate to a State militia? guillaumeb Dec 2018 #1
Well regulated means well equiped. gejohnston Dec 2018 #3
well-regulated militia member murders his wife sharedvalues Dec 2018 #4
appeal to emotion, gejohnston Dec 2018 #7
Nope, appeal to facts. Woman murdered. sharedvalues Dec 2018 #8
about facts, gejohnston Dec 2018 #11
Nearly everything you said is false. Please read here. sharedvalues Dec 2018 #15
Vox gejohnston Dec 2018 #16
Vox is truth seeking media sharedvalues Dec 2018 #19
the average Vox writer gejohnston Dec 2018 #21
This is a rightwing talking point. sharedvalues Dec 2018 #22
no, it is objective fact gejohnston Dec 2018 #23
An example of an article with internal inconsistencies discntnt_irny_srcsm Dec 2018 #29
So if you pay taxes in Ferguson, Missouri... discntnt_irny_srcsm Dec 2018 #12
No, but if you buy ammo, you're complicit in Sandy Hook sharedvalues Dec 2018 #14
That just smells like more "flexible logic" n/t discntnt_irny_srcsm Dec 2018 #26
See the list of small arms here discntnt_irny_srcsm Dec 2018 #5
And Scalia's later Heller decision was motivated by politics. sharedvalues Dec 2018 #2
re: "Originalism is a bullshit excuse..." discntnt_irny_srcsm Dec 2018 #6
Originalism is Republican bullsh*t. As i said. sharedvalues Dec 2018 #9
Thanks, I will read it but, respectfully... discntnt_irny_srcsm Dec 2018 #10
Respectfully, Scalia, Heller, and "originalism" get Americans killed sharedvalues Dec 2018 #13
This message was self-deleted by its author gejohnston Dec 2018 #17
Please continue to defend Republican judges nm sharedvalues Dec 2018 #18
I defend the BoR, gejohnston Dec 2018 #20
"Well-regulated militia" sharedvalues Dec 2018 #25
which meant you show up with your own gun and gear gejohnston Dec 2018 #27
bulloffal on equipped jimmy the one Jan 2019 #38
To "regulate" the equipment of the militia would apply to #1, yagotme Jan 2019 #39
I am right, you are wrong. gejohnston Jan 2019 #40
no rebuttals, just ad homs & cheap shots & tap dancing jimmy the one Jan 2019 #41
only a postload of ad hominem & cheap shots gejohnston Jan 2019 #42
you're confused discntnt_irny_srcsm Jan 2019 #43
Legal Definition of in pari materia discntnt_irny_srcsm Dec 2018 #28
re: germane discntnt_irny_srcsm Dec 2018 #24
miller vs unorganized militia jimmy the one Jan 2019 #30
re: "This 1939 supreme court ruling on miller was UNANIMOUS." discntnt_irny_srcsm Jan 2019 #31
unorganized militia is a JOKE jimmy the one Jan 2019 #34
Thank you: "It is an opinion..." discntnt_irny_srcsm Jan 2019 #35
The current existing law from Title 10 of the US Code discntnt_irny_srcsm Jan 2019 #36
Last but not least re: "...JOKE" discntnt_irny_srcsm Feb 2019 #44
Two comments. aikoaiko Jan 2019 #32
You are dead wrong on just about everything jimmy the one Jan 2019 #33
Problems with some of your comments: yagotme Jan 2019 #37
Latest Discussions»Issue Forums»Gun Control & RKBA»United States v. Miller, ...»Reply #30