1 ) The militia of Article I § 3 sub-§ 15 and 16
are clearly selected militia, in the parlance of the time,
meaning government militia, public militia,
whereas,
private militia, the boys in the neighborhood,
were called " well regulated militia " meaning that thay were
not boisterous and did not shoot up the town;
( it also meant well drilled, and therefore competent in combat ).
Unlike the militia of Article I, the militia of the 2nd Amendment
were private, and in theory can be brought into military conflict
with the other militia ( the same as early police departments of NYC
going to war against one another in the 1840s ).
In accordance with the earlier " Federalist Papers "
the 2nd Amendment secured not only a citizen 's right to self defense
from street criminals and from wolves,
but also to remove government, if that proved to be advisable.
2 ) History records no great dissatisfaction with Article I §1O sub-§3,
against states keeping troops; there was no scandal,
no great hue and cry against that part of the Constitution.
Under the interpretation that is urged upon us by enemies of freedom
Article I §1O sub-§3, wud be repealed.
3 ) If, in fact, the purpose of the 2nd Amendment were
to protect state
governments from federal violation of their ability to have militia,
then
Y was there
NO objection on that ground
in 1957 when President Eisenhower stripped away the militia of
Arkansas' Governor Orval Faubus, and federalized it,
using it AGAINST him
or
Y was there
NO objection 5 years later
( after everyone had plenty of time to ponder it ) when the Kennedy bros.
did the same thing to did to Alabama's Governor George Wallace, in 1963 ?
Did either Governor, or either of their respective Attorneys General,
or any southern bar association, or and southern judge,
or the KKK, or
did ANYONE assert that the state governments
were protected by the Second Amendment from having their militia
stripped away from those state governments' use ?
I lived thru that, and I do not rememeber ANYONE ever
raising that argument. We all knew that the 2A protected
private citizens, not state governments.
4 ) Note that the 2A is nestled among
a long string of PERSONAL RIGHTS,
NOT rights of any state governments.
All of these rights were calculated to weaken and enfeeble government.
It is a
CONTINUUM* beginning with
no government power to stop free speech,
free press, free religion, freedom to have the means to remove government
by force ( as the authors only just finished DOING )
as well as the citizens' having means to defend themselves from bears, Indians and criminals.
This refers to both possession of guns,
and to organizing units of private militia, if such be their choice.
Some States ( like NY ) explicity put into their ratifications,
that thay had the right to withdraw, if thay saw fit.
**
The
CONTINUUM* goes on to further weaken and enfeeble government
by denying power to quater troops upon the civilian population
( to injure government financially ), to deny power for unwarranted searches and seizures,
to deny power for torture, self incrimination
and other
personal rights, not rights of governments.
*"...'liberty' is not a series of isolated points...in terms of the taking of property;
the freedom of speech, press and religion;
the RIGHT TO KEEP and BEAR ARMS;
the freedom from unreasonable searches and seizures....
It is a rational continuum which...includes a freedom from all arbitrary impositions ..."[emphasis added]
(Notice no reference to any state government militia.)
The Harlan dissent in
POE v. ULLMAN 367 US 497
adopted by the USSC in
PLANNED PARENTHOOD v. CASEY (1992) 112 S.Ct. 2791 (P. 28O5)
** 00/04/17 NY Instrument of Ratification of the Constitution
Record Group 11, The National Archives, Washington, DC
"
That the powers of government may be reassumed by the people
whensoever it shall become necessary to their happinesss ....
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."
THEN: Be it known that We the People of the State of New York, Incorporated in
statehood under the Authority of The Constitution of the United States of America
by the New York Instrument of Ratification, thus are graced by the
full benefits and
liberties predicated under that document;
or we are made
and
held captive under Unlawful Powers to which Under God we cannot, must not,
and do not submit." [ emphasis added by David ]
Quote:Thanks David. What do you recommend for the law abiding fish?