Gun Control & RKBA
In reply to the discussion: United States v. Miller, 307 U.S. 174 (1939) [View all]jimmy the one
(2,717 posts)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.