hightor
 
  3  
Reply Sat 17 Aug, 2019 09:54 pm
@Finn dAbuzz,
Quote:
So many on the left are making absurd claims about Trump being a tyrant...

I have never made that claim.
Quote:
...but if he truly was what would you suggest we do?

I'm sure we'd think of something.
Quote:
Get neck pads to make the yoke more comfortable?

Interesting that that's the first thing that pops into your mind. I'd be more likely to be planning methods of resistance and meeting with like-minded people. But if you prefer to kneel, go ahead.
Quote:
Unlikely, but not impossible.

But wait, I've seen statistics which say that there are 113 guns for every 100 USAmericans. If you're insinuating that we need to possess more weapons, then you obviously don't believe armed resistance is a particularly promising antidote to tyranny!

I'm going out on a limb here. I say that a Soviet or Nazi-style form of tyranny is impossible in the USA. Those were 1984 — we'll get Brave New World. (It's already here.) I doubt that our armed patriots would have any armed opponents to shoot. Our well-sold incremental capitulation will have plenty of willing subscribers.
Quote:
The intent behind the 2nd Amendment wasn't to assure that all Americans could put meat on the table or have a nice day at the gun range, it was to see they were armed and able to respond to a tyrant.

No, it was to promote the effectiveness of the militia in the defense of our country because we had no standing army. I noticed that, correctly, you didn't use self defense as a reason.

"Tyranny" isn't the problem anyway. The conservative love affair with authoritarianism is.

oralloy
 
  -1  
Reply Sun 18 Aug, 2019 06:24 am
@hightor,
hightor wrote:
Interesting that that's the first thing that pops into your mind. I'd be more likely to be planning methods of resistance and meeting with like-minded people. But if you prefer to kneel, go ahead.

Shame on you. That wasn't the first thing that popped into his head. He talked about resistance.

His query about yokes came in response to you mocking him for talking about resistance.


hightor wrote:
No, it was to promote the effectiveness of the militia in the defense of our country because we had no standing army.

That is incorrect. If the concern was lack of a standing army, that problem would have been solved by building up a standing army.

The Second Amendment was intended to protect the effectiveness of the militia because the Founding Fathers made a conscious choice to have a militia instead of having a standing army.

The Founding Fathers wanted the militia to be effective so that there would never be a need for the country to create a standing army.
neptuneblue
 
  2  
Reply Sun 18 Aug, 2019 06:44 am
@oralloy,
oralloy wrote:
The Second Amendment was intended to protect the effectiveness of the militia because the Founding Fathers made a conscious choice to have a militia instead of having a standing army.

The Founding Fathers wanted the militia to be effective so that there would never be a need for the country to create a standing army.


Could you please provide documentation of this?
snood
 
  3  
Reply Sun 18 Aug, 2019 07:28 am
@neptuneblue,
Don’t hold your breath
neptuneblue
 
  1  
Reply Sun 18 Aug, 2019 07:37 am
@snood,
It's the long, awkward pause of silence that cracks me up.
hightor
 
  4  
Reply Sun 18 Aug, 2019 07:47 am
@neptuneblue,
Note that the concept of a militia-based defense was obsolete by the time of the War of 1812 and thus the 2nd Amendment is an anachronism and provides no justification for any contemporary "right" to bear arms.
Finn dAbuzz
 
  0  
Reply Sun 18 Aug, 2019 03:33 pm
@hightor,
hightor wrote:

Quote:
So many on the left are making absurd claims about Trump being a tyrant...

I have never made that claim.
Quote:
...but if he truly was what would you suggest we do?

I'm sure we'd think of something.

Like what? Surely you must have some ideas?

Quote:
Get neck pads to make the yoke more comfortable?

Interesting that that's the first thing that pops into your mind. I'd be more likely to be planning methods of resistance and meeting with like-minded people. But if you prefer to kneel, go ahead.

Well, it's pretty clear that I don't or we wouldn't be engaged in this discussion. Great way to beg the question though.


Quote:
Unlikely, but not impossible.

But wait, I've seen statistics which say that there are 113 guns for every 100 USAmericans. If you're insinuating that we need to possess more weapons, then you obviously don't believe armed resistance is a particularly promising antidote to tyranny!

I'm not insinuating that "we" need to, on average, possess more weapons, I am saying more people (like me) need to possess weapons.

I'm going out on a limb here. I say that a Soviet or Nazi-style form of tyranny is impossible in the USA. Those were 1984 — we'll get Brave New World. (It's already here.) I doubt that our armed patriots would have any armed opponents to shoot. Our well-sold incremental capitulation will have plenty of willing subscribers.

The limb broke and down falls baby, crazy conjecture and all.


Quote:
The intent behind the 2nd Amendment wasn't to assure that all Americans could put meat on the table or have a nice day at the gun range, it was to see they were armed and able to respond to a tyrant.



No, it was to promote the effectiveness of the militia in the defense of our country because we had no standing army. I noticed that, correctly, you didn't use self defense as a reason.

"Tyranny" isn't the problem anyway. The conservative love affair with authoritarianism is.


The left's love affair with authoritarianism gave us Communist China, the Soviet Union and almost 100 million dead.

oralloy
 
  -1  
Reply Sun 18 Aug, 2019 04:33 pm
@neptuneblue,
neptuneblue wrote:
oralloy wrote:
The Second Amendment was intended to protect the effectiveness of the militia because the Founding Fathers made a conscious choice to have a militia instead of having a standing army.

The Founding Fathers wanted the militia to be effective so that there would never be a need for the country to create a standing army.

Could you please provide documentation of this?


Let's start with state constitutions drafted during the Revolutionary War.

Quote:
Virginia Declaration of Rights - June 12, 1776

XIII That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and be governed by, the civil power.
http://avalon.law.yale.edu/18th_century/virginia.asp

Quote:
Constitution of Pennsylvania - September 28, 1776

XIII. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power.
http://avalon.law.yale.edu/18th_century/pa08.asp

Quote:
Constitution of Maryland - November 11, 1776

XXV. That a well-regulated militia is the proper and natural defence of a free government.
XXVI. That standing armies are dangerous to liberty, and ought not to be raised or kept up, without consent of the Legislature.
XXVII. That in all cases, and at all times, the military ought to be under strict subordination to and control of the civil power.
http://avalon.law.yale.edu/17th_century/ma02.asp

Quote:
Constitution of North Carolina : December 18, 1776

XVII. That the people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
http://avalon.law.yale.edu/18th_century/nc07.asp

Quote:
Constitution of Vermont - July 8, 1777

XV. That the people have a right to bear arms for the defence of themselves and the State; and, as standing armies, in the time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
http://avalon.law.yale.edu/18th_century/vt01.asp

Quote:
Massachusetts Constitution - June 15, 1780

Article XVII.
The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it.
http://malegislature.gov/laws/constitution



Now let's move on to the debates of the Framers as they were drafting the Constitution.

Quote:
the House proceeded to the clause "To raise armies."

Mr. GHORUM moved to add "and support" after "raise." Agreed to nem. con. and then the clause [FN12] agreed to nem. con. as amended

Mr. GERRY took notice that there was no check here agst. standing armies in time of peace. The existing Congs. is so constructed that it cannot of itself maintain an army. This wd. not be the case under the new system. The people were jealous on this head, and great opposition to the plan would spring from such an omission. He suspected that preparations of force were now making agst. it. [he seemed to allude to the activity of the Govr. of N. York at this crisis in disciplining the militia of that State.] He thought an army dangerous in time of peace & could never consent to a power to keep up an indefinite number. He proposed that there shall [FN13] not be kept up in time of peace more than thousand troops. His idea was that the blank should be filled with two or three thousand.
http://avalon.law.yale.edu/18th_century/debates_818.asp

Quote:
Mr. MADISON moved to amend the next part of the clause so as to read "reserving to the States respectively, the appointment of the officers, under the rank of General officers"

Mr. SHERMAN considered this as absolutely inadmissible. He said that if the people should be so far asleep as to allow the most influential officers of the militia to be appointed by the Genl. Government, every man of discernment would rouse them by sounding the alarm to them.

Mr. GERRY. Let us at once destroy the State Govts. have an Executive for life or hereditary, and a proper Senate, and then there would be some consistency in giving full powers to the Genl. Govt. but as the States are not to be abolished, he wondered at the attempts that were made to give powers inconsistent with their existence. He warned the Convention agst. pushing the experiment too far. Some people will support a plan of vigorous Government at every risk. Others of a more democratic cast will oppose it with equal determination, and a Civil war may be produced by the conflict.

Mr. MADISON. As the greatest danger is that of disunion of the States, it is necessary to guard agat. it by sufficient powers to the Common Govt. and as the greatest danger to liberty is from large standing armies, it is best to prevent them, by an effectual provision for a good Militia.

On the Question to agree to Mr. Madison's motion

N. H. ay. Mas. no. Ct. no. N. J. no. Pa. no. Del. no. Md. no. Va. no. N. C. no. S. C. ay. Geo. [FN11] ay. [FN12]

On the question to agree to the "reserving to the States the appointment of the officers." It was agreed to nem: contrad: On the question on the clause "and the authority of training the Militia according to the discipline prescribed by the U. S.-"

N. H. ay. Mas. ay. Ct. ay. N. J. ay. Pa. ay. Del. no. Md. ay. Va. no. N. C. ay. S. C. no. Geo. no. [FN13]
http://avalon.law.yale.edu/18th_century/debates_823.asp

Quote:
To the (2) clause Mr. GERRY objected that it admitted of appropriations to an army, for two years instead of one, for which he could not conceive a reason. that it implied that [FN3] there was to be a standing army which he inveighed against as dangerous to liberty, as unnecessary even for so great an extent of Country as this, and if necessary, some restriction on the number & duration ought to be provided: Nor was this a proper time for such an innovation. The people would not bear it.

Mr. SHERMAN remarked that the appropriations were permitted only, not required to be for two years. As the Legislature is to be biennially elected, it would be inconvenient to require appropriations to be for one year, as there might be no Session within the time necessary to renew them. He should himself he said like a reasonable restriction on the number and continuance of an army in time of peace.

The clause (2) was [FN4] agreed to nem: con:
http://avalon.law.yale.edu/18th_century/debates_905.asp

Quote:
Col: MASON, being sensible that an absolute prohibition of standing armies in time of peace might be unsafe, and wishing at the same time to insert something pointing out and guarding against the danger of them, moved to preface the clause (Art I sect. 8) "To provide for organizing, arming and disciplining the Militia &c" with the words" "And that the liberties of the people may be better secured against the danger of standing armies in time of peace" Mr. RANDOLPH 2ded. the motion

Mr. MADISON was in favor of it. It did not restrain Congress from establishing a military force in time of peace if found necessary; and as armies in time of peace are allowed on all hands to be an evil, it is well to discountenance them by the Constitution, as far as will consist with the essential power of the Govt. on that head.

Mr. Govr. MORRIS opposed the motion as setting a dishonorable mark of distinction on the military class of Citizens

Mr. PINKNEY & Mr. BEDFORD concurred in the opposition. On the question

N. H. no. Mas. no. Ct. no. N. J. no. Pa. no. Del. no. Maryd. no Va. ay. N. C. no. S. C. no. Geo. ay. [FN18]
http://avalon.law.yale.edu/18th_century/debates_914.asp



Now let's move on to Federalist 29 written by Alexander Hamilton.

Quote:
Of the different grounds which have been taken in opposition to the plan of the Convention, there is none that was so little to have been expected, or is so untenable in itself, as the one from which this particular provision has been attacked. If a well regulated militia be the most natural defence of a free country, it ought certainly to be under the regulation and at the disposal of that body which is constituted the guardian of the national security. If standing armies are dangerous to liberty, an efficacious power over the militia, in the body to whose care the protection of the State is committed, ought as far as possible to take away the inducement and the pretext to such unfriendly institutions. If the federal government can command the aid of the militia in those emergencies which call for the military arm in support of the civil magistrate, it can the better dispense with the employment of a different kind of force. If it cannot avail itself of the former, it will be obliged to recur to the latter. To render an army unnecessary will be a more certain method of preventing its existence than a thousand prohibitions upon paper.
Quote:
The attention of the government ought particularly to be directed to the formation of a select corps of moderate size upon such principles as will really fit it for service in case of need. By thus circumscribing the plan it will be possible to have an excellent body of well trained militia ready to take the field whenever the defence of the State shall require it. This will not only lessen the call for military establishments; but if circumstances should at any time oblige the government to form an army of any magnitude, that army can never be formidable to the liberties of the people, while there is a large body of citizens little if at all inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow citizens. This appears to me the only substitute that can be devised for a standing army; the best possible security against it, if it should exist.
http://founders.archives.gov/documents/Hamilton/01-04-02-0186



Now let's move on to the Virginia Ratifying Debates.

Quote:
Mr. Clay wished to be informed why the Congress were to have power to provide for calling forth the militia, to put the laws of the Union into execution.

Mr. Madison supposed the reasons of this power to be so obvious that they would occur to most gentlemen. If resistance should be made to the execution of the laws, he said, it ought to be overcome. This could be done only in two ways--either by regular forces or by the people. By one or the other it must unquestionably be done. If insurrections should arise, or invasions should take place, the people ought unquestionably to be employed, to suppress and repel them, rather than a standing army. The best way to do these things was to put the militia on a good and sure footing, and enable the government to make use of their services when necessary.

Mr. George Mason. Mr. Chairman, unless there be some restrictions on the power of calling forth the militia, to execute the laws of the Union, suppress insurrections, and repel invasions, we may very easily see that it will produce dreadful oppressions. It is extremely unsafe, without some alterations. It would be to use the militia to a very bad purpose, if any disturbance happened in New Hampshire, to call them from Georgia. This would harass the people so much that they would agree to abolish the use of the militia, and establish a standing army. I conceive the general government ought to have power over the militia, but it ought to have some bounds. If gentlemen say that the militia of a neighboring state is not sufficient, the government ought to have power to call forth those of other states, the most convenient and contiguous. But in this case, the consent of the state legislatures ought to be had. On real emergencies, this consent will never be denied, each state being concerned in the safety of the rest. This power may be restricted without any danger. I wish such an amendment as this--that the militia of any state should not be marched beyond the limits of the adjoining state; and if it be necessary to draw them from one end of the continent to the other, I wish such a check, as the consent of the state legislature, to be provided. Gentlemen may say that this would impede the government, and that the state legislatures would counteract it by refusing their consent. This argument may be applied to all objections whatsoever. How is this compared to the British constitution? Though the king may declare war, the Parliament has the means of carrying it on. It is not so here. Congress can do both. Were it not for that check in the British government, the monarch would be a despot. When a war is necessary for the benefit of the nation, the means of carrying it on are never denied. If any unjust requisition be made on Parliament, it will be, as it ought to be, refused. The same principle ought to be observed in our government. In times of real danger, the states will have the same enthusiasm in aiding the general government, and granting its demands, which is seen in England, when the king is engaged in a war apparently for the interest of the nation. This power is necessary; but we ought to guard against danger. If ever they attempt to harass and abuse the militia, they may abolish them, and raise a standing army in their stead. There are various ways of destroying the militia. A standing army may be perpetually established in their stead. I abominate and detest the idea of a government, where there is a standing army. The militia may be here destroyed by that method which has been practised in other parts of the world before; that is, by rendering them useless--by disarming them. Under various pretences, Congress may neglect to provide for arming and disciplining the militia; and the state governments cannot do it, for Congress has an exclusive right to arm them, &c. Here is a line of division drawn between them--the state and general governments. The power over the militia is divided between them. The national government has an exclusive right to provide for arming, organizing, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States. The state governments have the power of appointing the officers, and of training the militia, according to the discipline prescribed by Congress, if they should think proper to prescribe any. Should the national government wish to render the militia useless, they may neglect them, and let them perish, in order to have a pretence of establishing a standing army.

No man has a greater regard for the military gentlemen than I have. I admire their intrepidity, perseverance, and valor. But when once a standing army is established in any country, the people lose their liberty. When, against a regular and disciplined army, yeomanry are the only defence,--yeomanry, unskilful and unarmed,--what chance is there for preserving freedom? Give me leave to recur to the page of history, to warn you of your present danger. Recollect the history of most nations of the world. What havoc, desolation, and destruction, have been perpetrated by standing armies! An instance within the memory of some of this house will show us how our militia may be destroyed. Forty years ago, when the resolution of enslaving America was formed in Great Britain, the British Parliament was advised by an artful man, who was governor of Pennsylvania, to disarm the people; that it was the best and most effectual way to enslave them; but that they should not do it openly, but weaken them, and let them sink gradually, by totally disusing and neglecting the militia. [Here Mr. Mason quoted sundry passages to this effect.] This was a most iniquitous project. Why should we not provide against the danger of having our militia, our real and natural strength, destroyed? The general government ought, at the same time, to have some such power. But we need not give them power to abolish our militia. If they neglect to arm them, and prescribe proper discipline, they will be of no use. I am not acquainted with the military profession. I beg to be excused for any errors I may commit with respect to it. But I stand on the general principles of freedom, whereon I dare to meet any one. I wish that, in case the general government should neglect to arm and discipline the militia, there should be an express declaration that the state governments might arm and discipline them. With this single exception, I would agree to this part, as I am conscious the government ought to have the power.

They may effect the destruction of the militia, by rendering the service odious to the people themselves, by harassing them from one end of the continent to the other, and by keeping them under martial law.

The English Parliament never pass a mutiny bill but for one year. This is necessary; for otherwise the soldiers would be on the same footing with the officers, and the army would be dissolved. One mutiny bill has been here in force since the revolution. I humbly conceive there is extreme danger of establishing cruel martial regulations. If, at any time, our rulers should have unjust and iniquitous designs against our liberties, and should wish to establish a standing army, the first attempt would be to render the service and use of militia odious to the people themselves--subjecting them to unnecessary severity of discipline in time of peace, confining them under martial law, and disgusting them so much as to make them cry out, "Give us a standing army!" I would wish to have some check to exclude this danger; as, that the militia should never be subject to martial law but in time of war. I consider and fear the natural propensity of rulers to oppress the people. I wish only to prevent them from doing evil. By these amendments I would give necessary powers, but no unnecessary power. If the clause stands as it is now, it will take from the state legislatures what divine Providence has given to every individual--the means of self-defence. Unless it be moderated in some degree, it will ruin us, and introduce a standing army.

Mr. Madison. Mr. Chairman, I most cordially agree, with the honorable member last up, that a standing army is one of the greatest mischiefs that can possibly happen. It is a great recommendation for this system, that it provides against this evil more than any other system known to us, and, particularly, more than the old system of confederation. The most effectual way to guard against a standing army, is to render it unnecessary. The most effectual way to render it unnecessary, is to give the general government full power to call forth the militia, and exert the whole natural strength of the Union, when necessary. Thus you will furnish the people with sure and certain protection, without recurring to this evil; and the certainty of this protection from the whole will be a strong inducement to individual exertion. Does the organization of the government warrant a belief that this power will be abused? Can we believe that a government of a federal nature, consisting of many coëqual sovereignties, and particularly having one branch chosen from the people, would drag the militia unnecessarily to an immense distance? This, sir, would be unworthy the most arbitrary despot. They have no temptation whatever to abuse this power; such abuse could only answer the purpose of exciting the universal indignation of the people, and drawing on themselves the general hatred and detestation of their country.

I cannot help thinking that the honorable gentleman has not considered, in all its consequences, the amendment he has proposed. Would this be an equal protection, sir, or would it not be a most partial provision? Some states have three or four states in contact. Were this state invaded, as it is bounded by several states, the militia of three or four states would, by this proposition, be obliged to come to our aid; and those from some of the states would come a far greater distance than those of others. There are other states, which, if invaded, could be assisted by the militia of one state only, there being several states which border but on one state. Georgia and New Hampshire would be infinitely less safe than the other states. Were we to adopt this amendment, we should set up those states as butts for invasions, invite foreign enemies to attack them, and expose them to peculiar hardships and dangers. Were the militia confined to any limited distance from their respective places of abode, it would produce equal, nay, more inconveniences. The principles of equality and reciprocal aid would be destroyed in either case.

I cannot conceive that this Constitution, by giving the general government the power of arming the militia, takes it away from the state governments. The power is concurrent, and not exclusive. Have we not found, from experience, that, while the power of arming and governing the militia has been solely vested in the state legislatures, they were neglected and rendered unfit for immediate service? Every state neglected too much this most essential object. But the general government can do it more effectually. Have we not also found that the militia of one state were almost always insufficient to succor its harassed neighbor? Did all the states furnish their quotas of militia with sufficient promptitude? The assistance of one state will be of little avail to repel invasion. But the general head of the whole Union can do it with effect, if it be vested with power to use the aggregate strength of the Union. If the regulation of the militia were to be committed to the executive authority alone, there might be reason for providing restrictions. But, sir, it is the legislative authority that has this power. They must make a law for the purpose.

The honorable member is under another mistake. He wishes martial law to be exercised only in time of war, under an idea that Congress can establish it in time of peace. The states are to have the authority of training the militia according to the congressional discipline; and of governing them at all times when not in the service of the Union. Congress is to govern such part of them as may be employed in the actual service of the United States; and such part only can be subject to martial law. The gentlemen in opposition have drawn a most tremendous picture of the Constitution in this respect. Without considering that the power was absolutely indispensable, they have alarmed us with the possible abuse of it, but have shown no inducement or motive to tempt them to such abuse. Would the legislature of the state drag the militia of the eastern shore to the western frontiers, or those of the western frontiers to the eastern shore, if the local militia were sufficient to effect the intended purpose? There is something so preposterous, and so full of mischief, in the idea of dragging the militia unnecessarily from one end of the continent to the other, that I think there can be no ground of apprehension. If you limit their power over the militia, you give them a pretext for substituting a standing army. If you put it in the power of the state governments to refuse the militia, by requiring their consent, you destroy the general government, and sacrifice particular states. The same principles and motives which produce disobedience to requisitions, will produce refusal in this case.
http://books.google.com/books?id=oXVOAQAAMAAJ&pg=PA285
http://books.google.com/books?id=osbZAAAAMAAJ&pg=PA378

Quote:
Mr. Nicholas. Mr. Chairman, the great object of government, in every country, is security and public defence. I suppose, therefore, that what we ought to attend to here, is, what is the best mode of enabling the general government to protect us. One of three ways must be pursued for this purpose. We must either empower them to employ, and rely altogether on, a standing army; or depend altogether on militia; or else we must enable them to use the one or the other of these two ways, as may be found most expedient. The least reflection will satisfy us that the Convention has adopted the only proper method. If a standing army were alone to be employed, such an army must be kept up in time of peace as would be sufficient in war. The dangers of such an army are so striking that every man would oppose the adoption of this government, had it been proposed by it as the only mode of defence. Would it be safe to depend on militia alone, without the agency of regular forces, even in time of war? Were we to be invaded by a powerful, disciplined army, should we be safe with militia? Could men unacquainted with the hardships, and unskilled in the discipline of war,--men only inured to the peaceable occupations of domestic life,--encounter with success the most skilful veterans, inured to the fatigues and toils of campaigns? Although some people are pleased with the theory of reliance on militia, as the sole defence of a nation, yet I think it will be found, in practice, to be by no means adequate. Its inadequacy is proved by the experience of other nations. But were it fully adequate, it would be unequal. If war be supported by militia, it is by personal service. The poor man does as much as the rich. Is this just? What is the consequence when war is carried on by regular troops? They are paid by taxes raised from the people, according to their property; and then the rich man pays an adequate share.

But, if you confine yourselves to militia alone, the poor man is oppressed. The rich man exempts himself by furnishing a substitute. And, although it be oppressive to the poor, it is not advantageous to the rich? For what he gives would pay regular troops. It is therefore neither safe nor just to depend entirely on militia. As these two ways are ineligible, let us consider the third method. Does this Constitution put this on a proper footing? It enables Congress to raise an army when necessary, or to call forth the militia when necessary. What will be the consequence of their having these two powers? Till there be a necessity for an army to be raised, militia will do. And when an army will be raised, the militia will still be employed, which will render a less numerous army sufficient. By these means, there will be a sufficient defence for the country, without having a standing army altogether, or oppressing the people.
http://books.google.com/books?id=oXVOAQAAMAAJ&pg=PA292
http://books.google.com/books?id=osbZAAAAMAAJ&pg=PA388

Quote:
With respect to a standing army, I believe there was not a member in the federal Convention, who did not feel indignation at such an institution. What remedy, then, could be provided? Leave the country defenceless? In order to provide for our defence, and exclude the dangers of a standing army, the general defence is left to those who are the objects of defence. It is left to the militia, who will suffer if they become the instruments of tyranny. The general government must have power to call them forth when the general defence requires it. In order to produce greater security, the state governments are to appoint the officers. The President, who commands them when in actual service of the Union, is appointed secondarily by the people. This is a further security. Is it not incredible that men who are interested in the happiness of their country--whose friends, relations, and connections, must be involved in the fate of their country--should turn against their country? I appeal to every man whether, if any of our own officers were called upon to destroy the liberty of their country, he believes they would assent to such an act of suicide. The state governments, having the power of appointing them, may elect men who are the most remarkable for their virtue of attachment to their country.
http://books.google.com/books?id=oXVOAQAAMAAJ&pg=PA300
http://books.google.com/books?id=osbZAAAAMAAJ&pg=PA401



Now let's move forward to some of the instruments of ratification.

Quote:
Ratification of the Constitution by the State of New Hampshire; June 21, 1788

Tenth,
That no standing Army shall be Kept up in time of Peace unless with the consent of three fourths of the Members of each branch of Congress, nor shall Soldiers in Time of Peace be quartered upon private Houses without the consent-of the Owners.-
http://avalon.law.yale.edu/18th_century/ratnh.asp

Quote:
Ratification of the Constitution by the State of Virginia; June 26, 1788

Seventeenth, That the people have a right to keep and bear arms; that a well regulated Militia composed of the body of the people trained to arms is the proper, natural and safe defence of a free State. That standing armies in time of peace are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the Community will admit; and that in all cases the military should be under strict subordination to and governed by the Civil power.

------------

Ninth, That no standing army or regular troops shall be raised or kept up in time of peace, without the consent of two thirds of the members present in both houses.

Eleventh, That each State respectively shall have the power to provide for organizing, arming and disciplining it's own Militia, whensoever Congress shall omit or neglect to provide for the same. That the Militia shall not be subject to Martial law, except when in actual service in time of war, invasion, or rebellion; and when not in the actual service of the United States, shall be subject only to such fines, penalties and punishments as shall be directed or inflicted by the laws of its own State.
http://avalon.law.yale.edu/18th_century/ratva.asp

Quote:
Ratification of the Constitution by the State of New York; July 26, 1788

That the People have a right to keep and bear Arms; that a well regulated Militia, including the body of the People capable of bearing Arms, is the proper, natural and safe defence of a free State;

That the Militia should not be subject to Martial Law except in time of War, Rebellion or Insurrection.

That standing Armies in time of Peace are dangerous to Liberty, and ought not to be kept up, except in Cases of necessity; and that at all times, the Military should be under strict Subordination to the civil Power.

------------

That no standing Army or regular Troops shall be raised or kept up in time of peace, without the consent of two-thirds of the Senators and Representatives present, in each House.
http://avalon.law.yale.edu/18th_century/ratny.asp

Quote:
Ratification of the Constitution by the State of North Carolina; November 21, 1789

17th. That the people have a right to keep and bear arms; that a well regulated militia composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free state. That standing armies in time of peace are dangerous to Liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that in all cases, the military should be under strict subordination to, and governed by the civil power.

------------

IX That no standing army or regular troops shall be raised or kept up in time of peace, without the consent of two thirds of the members present in both houses.
http://avalon.law.yale.edu/18th_century/ratnc.asp

Quote:
Ratification of the Constitution by the State of Rhode Island; May 29, 1790

17th That the people have a right to keep and bear arms, that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural and safe defence of a free state; that the militia shall not be subject to martial law except in time of war, rebellion or insurrection; that standing armies in time of peace, are dangerous to liberty, and ought not to be kept up, except in cases of necessity; and that at all times the military should be under strict subordination to the civil power; that in time of peace no soldier ought to be quartered in any house, without the consent of the owner, and in time of war, only by the civil magistrate, in such manner as the law directs.

------------

12th As standing armies in time of peace are dangerous to liberty and ought not to be kept up, except in cases of necessity; and as at all times the military should be under strict subordination to the civil power, that therefore no standing army, or regular toops shall be raised, or kept up in time of peace.
http://avalon.law.yale.edu/18th_century/ratri.asp



Now let's move on to the First Congress, as they debated the Bill of Rights.

Quote:
The House again resolved itself into a committee, Mr. Boudinot in the chair, on the proposed amendments to the constitution. The third clause of the fourth proposition in the report was taken into consideration, being as follows: "A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no person religiously scrupulous shall be compelled to bear arms."

Mr. Gerry.--This declaration of rights, I take it, is intended to secure the people against the mal-administration of the Government; if we could suppose that, in all cases, the rights of the people would be attended to, the occasion for guards of this kind would be removed. Now, I am apprehensive, sir, that this clause would give an opportunity to the people in power to destroy the constitution itself. They can declare who are those religiously scrupulous, and prevent them from bearing arms.

What, sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty. Now, it must be evident, that, under this provision, together with their other powers, Congress could take such measures with respect to a militia, as to make a standing army necessary. Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins. This was actually done by Great Britain at the commencement of the late revolution. They used every means in their power to prevent the establishment of an effective militia to the eastward. The Assembly of Massachusetts, seeing the rapid progress that administration were making to divest them of their inherent privileges, endeavored to counteract them by the organization of the militia; but they were always defeated by the influence of the Crown.
http://memory.loc.gov/cgi-bin/ampage?collId=llac&fileName=001/llac001.db&recNum=390



It's probably inevitable that I got a link or quote wrong somewhere in this nearly 36,000 character post. So if anyone finds any errors, let me know, and I'll reply with the correct link or quote or whatever it is that needs fixing.
oralloy
 
  -1  
Reply Sun 18 Aug, 2019 04:35 pm
@snood,
snood wrote:
Don’t hold your breath

Can you point out anyplace where I've ever failed to provide a cite?
0 Replies
 
oralloy
 
  -1  
Reply Sun 18 Aug, 2019 04:40 pm
@neptuneblue,
neptuneblue wrote:
It's the long, awkward pause of silence that cracks me up.

Awkward?
0 Replies
 
oralloy
 
  -1  
Reply Sun 18 Aug, 2019 04:49 pm
@hightor,
hightor wrote:
Note that the concept of a militia-based defense was obsolete by the time of the War of 1812 and thus the 2nd Amendment is an anachronism and provides no justification for any contemporary "right" to bear arms.

That is incorrect. Even without the militia, the right to keep and bear arms includes personal self defense.
0 Replies
 
neptuneblue
 
  3  
Reply Sun 18 Aug, 2019 06:00 pm
@oralloy,
Thank you for that.

Good to know.

You had me worried my DD214 was just a worthless piece of paper.
0 Replies
 
hightor
 
  4  
Reply Mon 19 Aug, 2019 04:29 am
@Finn dAbuzz,
Quote:

Like what? Surely you must have some ideas?

Oh yeah, and reveal them to you over the internet? How clever! No thanks, Mr. Barr!

Quote:
The limb broke and down falls baby, crazy conjecture and all.

No crazier than your fantasies about MAGA-hatted "patriots" overthrowing a domestic "tyrant". As I said, our social and political evolution won't indulge your adolescent fixation with the Minutemen. Your "enemies" won't be wearing red coats and marching in formation. What are you going to to do, shoot your computer monitor?


Quote:
The left's love affair with authoritarianism gave us Communist China, the Soviet Union and almost 100 million dead.

No. Those regimes were imposed on what were largely peasant societies with very little industrialization. The existing governments of both countries were teetering on the verge of collapse and were overthrown by armed revolutionaries. They weren't voted in by fat people wearing MAGA hats and cheering for a second rate real estate developer and a third rate reality TV personality.
RABEL222
 
  1  
Reply Mon 19 Aug, 2019 01:00 pm
@hightor,
The only correct history that he knows is what he makes up to conform to his opinion like others on this thread.
0 Replies
 
Finn dAbuzz
 
  0  
Reply Mon 19 Aug, 2019 04:59 pm
@hightor,
Quote:
No crazier than your fantasies about MAGA-hatted "patriots" overthrowing a domestic "tyrant". As I said, our social and political evolution won't indulge your adolescent fixation with the Minutemen. Your "enemies" won't be wearing red coats and marching in formation. What are you going to to do, shoot your computer monitor?


I'm assuming, perhaps foolishly, that if a tyrant imposes a dictatorship over America it will be more than "MAGA-hatted 'patriots' " joining in the rebellion, but maybe I am giving too much credit to my progressive fellow Americans.

I've no idea what your vague comments about our "social and political evolution" have to do with this subject, other than you think that somehow an armed rebellion is impossible. If so, so are all of your lofty notions about, presumably, general strikes and civil disobedience. Or are you conceiving of a cyber-rebellion of blue-haired leftwing hackers with nomme de guerres like "Psycho-warrior?"

It's rather ironic to see a member of the left ridicule notions of armed rebellion against a possible future tyrant when so many of his fellows believe they are part of an actual resistance movement against a Republican president.

hightor
 
  3  
Reply Tue 20 Aug, 2019 03:58 am
@Finn dAbuzz,
Quote:
I'm assuming, perhaps foolishly, that if a tyrant imposes a dictatorship over America it will be more than "MAGA-hatted 'patriots' " joining in the rebellion...

Blah, blah, blah — forget the "tyrant imposed dictatorship"; it's not happening. MAGA-hatted 'patriots', obsessed with "law and order", resentful of change, and afraid of the "other", continuing to vote for petty authoritarians like Trump is much more likely. Viktor Orban, not Vladimir Lenin. The populist right is obsessed with political "strongmen" and demagogues like Putin and Trump know this.
Quote:
I've no idea what your vague comments about our "social and political evolution" have to do with this subject...

What I'm saying is that the USA will be a very different country in a very different world in fifty or sixty years. Our republic may look and function very differently at that time, not because of your mythologized tyrant, but because of the challenges that the country, and the world, will have faced and all the incremental changes that were instituted in the preceding decades in response to these challenges.
Quote:
... other than you think that somehow an armed rebellion is impossible.

"Impossible" because there will be no suitable human targets to shoot at. I'm reminded of the emperor Caligula ordering his armies to battle the sea. You know, there are actually some problems that can't be settled by resorting to deadly force.
Quote:
It's rather ironic to see a member of the left ridicule notions of armed rebellion against a possible future tyrant when so many of his fellows believe they are part of an actual resistance movement against a Republican president.

Do yourself a favor and put this "resistance" fantasy to bed. The political opposition to Trump is political opposition, that's all. The fact that some of his opponents wish to characterize themselves as the "resistance" is yet another example of political immaturity, latching onto symbols and brands from the past in an effort to forestall the future. They've merely appropriated the name. I suppose it's a bit more edgy than wearing a button which says "I'm With Her" but it's hardly on par with derailing coal trains, kidnapping politicians, or knee-capping Salvation Army Santas.

blatham
 
  2  
Reply Tue 20 Aug, 2019 04:13 am
@hightor,
Quote:
Do yourself a favor and put this "resistance" fantasy to bed. The political opposition to Trump is political opposition, that's all.
Yes. It's another example of defining a term to suggest that a particular political movement or politically engaged group are doing something inappropriate, sneaky, and conspiratorial. The same technique is used with Black Lives Matter and "antifa". For the sake of efficiency, the right wing folks ought to just amalgamate it all - African Americans Resisting Fascism. AARF hates America!
hightor
 
  2  
Reply Tue 20 Aug, 2019 05:04 am
@blatham,
Quote:
It's another example of defining a term to suggest that a particular political movement or politically engaged group are doing something inappropriate, sneaky, and conspiratorial.

That's a good point. Every time I've heard someone referring to the "resistance" it's coming from a rightist. I'd assumed that the term had been appropriated by some rump element in the progressive movement, but yeah, it makes more sense if it's another case of right-wing disinformation.

Progressives — do any of you refer to yourselves as the "resistance"?
snood
 
  2  
Reply Tue 20 Aug, 2019 06:04 am
This is a link to a video on Twitter showing a recent “selfie line” for Elizabeth Warren. The people at the back said they would wait until 2AM. There’s definitely some enthusiasm out there for Warren.

https://twitter.com/lollardfish/status/1163622311922151425?s=21
oralloy
 
  -3  
Reply Tue 20 Aug, 2019 07:09 am
@hightor,
hightor wrote:
Blah, blah, blah -- forget the "tyrant imposed dictatorship"; it's not happening. MAGA-hatted 'patriots', obsessed with "law and order", resentful of change, and afraid of the "other", continuing to vote for petty authoritarians like Trump is much more likely. Viktor Orban, not Vladimir Lenin. The populist right is obsessed with political "strongmen" and demagogues like Putin and Trump know this.

All he did was answer a hypothetical question about what use the general populace might have for unlimited weaponry. No one here (as far as I can tell) believes that this hypothetical tyranny is at all likely to happen.

Since extremely low probability is not zero probability, it is a reasonable answer for a hypothetical question.
0 Replies
 
 

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