What Is a 'Well Regulated Militia,' Anyway?

Discussion in 'US Constitution' started by Gdjjr, Nov 16, 2019.

  1. Gdjjr
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    Gdjjr Senior Member

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    The Founders liked militias, but they also liked an armed citizenry. To them, the two ideas were inseparable.

    Their argument is based on that amendment's reference to "a well regulated militia," which they define as a military force organized and supervised by the government. Outside a well-regulated militia, they suggest, the Second Amendment has no practical effect a lawmaker need respect. Some gun control advocates also argue that the descriptor well regulated implies that the government has wide latitude to decide who may have which weapons under what circumstances. But as the Supreme Court correctly concluded in Heller, these arguments are inconsistent with the text and context of the Second Amendment.

    The structure of the Second Amendment has invited decades of dueling interpretations. "A well regulated Militia, being necessary to the security of a free State," it says, "the right of the people to keep and bear Arms, shall not be infringed."
    ................

    The structure has invited decades of dueling interpretations- interpretation(s) can't exist without definition(s)- words mean things
     
  2. Pogo
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    Pogo Diamond Member

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    It's certainly a lexicographical train wreck, isn't it. Gives the impression that either it wasn't taken that seriously, or that some rough draft squeaked through to the final form without anyone noticing.

    The 2A is unique among all the Bill of Rights ---- indeed among all the Amendments period ---- in the subordinate clause it begins with, "A well regulated Militia, being necessary to the security of a free State, ". No other Amendment goes out of its way to establish a basis of reasoning for itself, nor does any Amendment need to .... yet there it is, performing what function nobody knows.
     
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  3. Gdjjr
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    Gdjjr Senior Member

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    There is no train wreck except to people educated beyond their intellect. Words mean things, or they don't, If in fact they don't then what is the purpose of using them? Those educated beyond their intellect can't stand the idea that others have rights and are not answerable to their pseudo intellectual psychosis often referred to as sociopaths. The reqading of the constitution is not an esoteric endeavor except to control freaks, i.e., sociopaths.
    Profile of the Sociopath


    This website summarizes some of the common features of descriptions of the behavior of sociopaths.

    • Glibness and Superficial Charm

    • Manipulative and Conning
      They never recognize the rights of others and see their self-serving behaviors as permissible. They appear to be charming, yet are covertly hostile and domineering, seeing their victim as merely an instrument to be used. They may dominate and humiliate their victims.

    • Grandiose Sense of Self
      Feels entitled to certain things as "their right."

    • Pathological Lying
      Has no problem lying coolly and easily and it is almost impossible for them to be truthful on a consistent basis. Can create, and get caught up in, a complex belief about their own powers and abilities. Extremely convincing and even able to pass lie detector tests.

    • Lack of Remorse, Shame or Guilt
      A deep seated rage, which is split off and repressed, is at their core. Does not see others around them as people, but only as targets and opportunities. Instead of friends, they have victims and accomplices who end up as victims. The end always justifies the means and they let nothing stand in their way.

    • Shallow Emotions
      When they show what seems to be warmth, joy, love and compassion it is more feigned than experienced and serves an ulterior motive. Outraged by insignificant matters, yet remaining unmoved and cold by what would upset a normal person. Since they are not genuine, neither are their promises.

    • Incapacity for Love

    • Need for Stimulation
      Living on the edge. Verbal outbursts and physical punishments are normal. Promiscuity and gambling are common.

    • Callousness/Lack of Empathy
      Unable to empathize with the pain of their victims, having only contempt for others' feelings of distress and readily taking advantage of them.

    • Poor Behavioral Controls/Impulsive Nature
      Rage and abuse, alternating with small expressions of love and approval produce an addictive cycle for abuser and abused, as well as creating hopelessness in the victim. Believe they are all-powerful, all-knowing, entitled to every wish, no sense of personal boundaries, no concern for their impact on others.

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      Usually has a history of behavioral and academic difficulties, yet "gets by" by conning others. Problems in making and keeping friends; aberrant behaviors such as cruelty to people or animals, stealing, etc.

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      Not concerned about wrecking others' lives and dreams. Oblivious or indifferent to the devastation they cause. Does not accept blame themselves, but blames others, even for acts they obviously committed.

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      Promiscuity, child sexual abuse, rape and sexual acting out of all sorts.

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      Tends to move around a lot or makes all encompassing promises for the future, poor work ethic but exploits others effectively.

    • Criminal or Entrepreneurial Versatility
      Changes their image as needed to avoid prosecution. Changes life story readily.

    But whether we currently have a well-regulated militia doesn't control whether or not Americans have a right to keep and bear arms. The ideological background of the Second Amendment, the plain meaning of its operative clause, parallel phrasing elsewhere in the Constitution, and the militia clauses of Section I make it clear that they do. The Second Amendment, as Scalia rightly recognized, guarantees an individual right to the people, no matter how the federal government chooses to regulate the organized militia.

    Scalia pointed out that the amendment refers to "the right of the people." When that language is used elsewhere in the Bill of Rights—in the First and Fourth Amendments, for example—it plainly means a right that belongs to every individual, as opposed to a collective with special properties, such as a militia. A prefatory clause mentioning a purpose, Scalia argued, is not sufficient to overwhelm the commonsense and contextual meaning of a right guaranteed to everyone. Furthermore, he said, contemporaneous usage makes it clear that the phrase bear arms cannot be restricted to a military context, as Justice John Paul Stevens suggested it should be in his dissent.
     
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  4. JGalt
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    JGalt Platinum Member

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    The phrase "well regulated" during that period of time referred to the property of something being in proper working order. It had nothing to do with the government "regulating" the militia.


    1709: "If a liberal Education has formed in us well-regulated Appetites and worthy Inclinations."

    1714: "The practice of all well-regulated courts of justice in the world."

    1812: "The equation of time ... is the adjustment of the difference of time as shown by a well-regulated clock and a true sun dial."

    1848: "A remissness for which I am sure every well-regulated person will blame the Mayor."

    1862: "It appeared to her well-regulated mind, like a clandestine proceeding."

    1894: "The newspaper, a never wanting adjunct to every well-regulated American embryo city."
     
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  5. Gdjjr
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    Gdjjr Senior Member

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    Yet the elite to continue to argue contrary to that.
     
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  6. Tommy Tainant
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    Tommy Tainant Gold Member

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    It means whatever the NRA says it means.
     
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  7. Gdjjr
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    Gdjjr Senior Member

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    Wow- such an erudite reaction,
     
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  8. miketx
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    miketx Diamond Member

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    It means that europeon freaks tried to take our guns and we killed them.
     
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  9. JGalt
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    JGalt Platinum Member

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    The NRA did not pen the US Constitution, they merely support and defend the Second Amendment and gun rights of American citizens. They're actually America's oldest civil rights organization.

    It must suck for you guys and girls to not have a Second Amendment like we do. The best you can hope for is for the Bobbies to show up after you're murdered, so they can draw the chalk outlines around the body and clean up the blood.
     
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    Last edited: Nov 16, 2019
  10. JGalt
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    JGalt Platinum Member

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    He's British, so what do you expect? They can't even own knives with sharp points.

    He'd probably go into shock if he saw my collection of pointy-stabby things. :04:
     
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