Their View: No militia, no Second Amendment right

Apr 6, 2013 | Posted by: roboblogger | Full story: Las Cruces Sun-News

Controversy over the Second Amendment has become intellectually intense and emotionally inflamed in the past 40 or so years.

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1 - 13 of 13 Comments Last updated Apr 7, 2013

“Constitutionist/ SAF”

Since: Mar 08

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#1
Apr 6, 2013
 
What does this mean:

"A well regulated militia being neccessary to the security of a free state,..."

Answer:

It means a well regulated militia is neccessary to the security of a free state.

It's an opinion, not a law.

Here's a law:

"...the right of the people to keep and bear arms shall not be infringed."

The SCOTUS and other politicians have been able to ignore the law against them by saying the law means something other than what it means (by telling lies).

“HUNTING RIGHTS ADVOCATE”

Since: Oct 08

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#2
Apr 6, 2013
 

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There is no militia???? There must be some seriously stupid people out there. WE THE PEOPLE are the militia, every single American citizen able bodied enough to bear arms. That is exactly what the 2nd amendment meant when it was written and that is exactly what it means now. Those who doubt this should revisit their history class and pay closer attention to the ratification of the Bill of Rights. It is not a privilege to arm yourself and be prepared to defend your home and your freedom should the need ever arise, it is a duty of every citizen. The notion that "Big Brother Government" will always protect and defend you was resoundingly rejected in the Constitution and the Bill of Rights. As a matter of FACT, the Constitution and the Bill of Rights were composed to document our inalienable right to protect and defend ourselves from "Big Brother Government" should it ever become necessary. Those who believe that we should simply place ourselves in the complete care of government and let it rule every aspect of our lives should move to a socialist/communist nation because that's not what we believe here and it's not what the founders intended. Plain and simple.

“Constitutionist/ SAF”

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Apr 6, 2013
 

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Squach wrote:
There is no militia???? There must be some seriously stupid people out there. WE THE PEOPLE are the militia, every single American citizen able bodied enough to bear arms. That is exactly what the 2nd amendment meant when it was written and that is exactly what it means now. Those who doubt this should revisit their history class and pay closer attention to the ratification of the Bill of Rights. It is not a privilege to arm yourself and be prepared to defend your home and your freedom should the need ever arise, it is a duty of every citizen. The notion that "Big Brother Government" will always protect and defend you was resoundingly rejected in the Constitution and the Bill of Rights. As a matter of FACT, the Constitution and the Bill of Rights were composed to document our inalienable right to protect and defend ourselves from "Big Brother Government" should it ever become necessary. Those who believe that we should simply place ourselves in the complete care of government and let it rule every aspect of our lives should move to a socialist/communist nation because that's not what we believe here and it's not what the founders intended. Plain and simple.
Excellent post.

“O'er the land of the free ? ”

Since: Jan 09

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#4
Apr 6, 2013
 

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Leave to a PHD to write an entire article on the second amendment and not discuss the phrases ,

" The right of the people "

" Shall not be infringed "
Left Coast Conservative

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#5
Apr 6, 2013
 
Here is what I posted on the Las Cruces Sun-News site:

I see that this author, while arguably an authority on defense, energy, and the environment, does not list constitutional law as an area of expertise. This article is utter drivel. The militia exists today, and has always existed. Might I point out 10 USC Sec. 311:

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia areó.
(1) the organized militia, which consists of the National Guard and the Naval Militia; 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.

Source: http://www.law.cornell.edu/uscode/text/10/311

So, the militia exists, therefore the right to keep and bear arms as protected by the 2nd Amendment exists.

Let's see if the author replies.

“Si vis pacem, para bellum !!”

Since: Dec 07

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#6
Apr 7, 2013
 
Left Coast Conservative wrote:
Here is what I posted on the Las Cruces Sun-News site:
I see that this author, while arguably an authority on defense, energy, and the environment, does not list constitutional law as an area of expertise. This article is utter drivel. The militia exists today, and has always existed. Might I point out 10 USC Sec. 311:
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia areó.
(1) the organized militia, which consists of the National Guard and the Naval Militia; 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.
Source: http://www.law.cornell.edu/uscode/text/10/311
So, the militia exists, therefore the right to keep and bear arms as protected by the 2nd Amendment exists.
Let's see if the author replies.
The right to keep and bear is protected whether there is a militia or not. Militia membership is NOT a qualifier (as ruled by the SCOTUS). It is merely a reason for maintaining the right to keep and bear arms.

“Constitutionist/ SAF”

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#7
Apr 7, 2013
 
Armed Veteran wrote:
The right to keep and bear is protected whether there is a militia or not. Militia membership is NOT a qualifier (as ruled by the SCOTUS). It is merely a reason for maintaining the right to keep and bear arms.
SCOTUS ruled there can be regulations so now they're regulating guns out of existence.

Do you need some evidence ?

“HUNTING RIGHTS ADVOCATE”

Since: Oct 08

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Apr 7, 2013
 

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Armed Veteran wrote:
<quoted text>
The right to keep and bear is protected whether there is a militia or not. Militia membership is NOT a qualifier (as ruled by the SCOTUS). It is merely a reason for maintaining the right to keep and bear arms.
One small correction.....it is merely one reason for maintaining the right. Someone once said (I don't know who):

"The beauty of the Second Amendment is that it will not be needed until they try to take it."

Ultimately the right to keep and bear arms is protected by keeping and bearing arms. Which is exactly what the founders intended. All Americans have an obligation to protect and defend our 2nd amendment rights just like the rest of the Constitution because without the 2nd amendment the rest of the Constitution might be hard to hang on to.

“Si vis pacem, para bellum !!”

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#9
Apr 7, 2013
 
Tory II wrote:
<quoted text>SCOTUS ruled there can be regulations so now they're regulating guns out of existence.
Do you need some evidence ?
They are TRYING to regulate them out of existence. They haven't been too successful in getting anything passed.....yet. That it is why it is up to us to remain ever vigilant and make sure that these assbags don't go unchallenged.

“Constitutionist/ SAF”

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#10
Apr 7, 2013
 
Conneticut and NewYork have banned the AR-15 and the AK-47. That's the same as "regulated out of existence" to me.

“Si vis pacem, para bellum !!”

Since: Dec 07

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#11
Apr 7, 2013
 
And another reason for me to never consider moving to either one. I am just waiting for someone or some group to challenge it in court.
Left Coast Conservative

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Apr 7, 2013
 

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Armed Veteran wrote:
<quoted text>
The right to keep and bear is protected whether there is a militia or not. Militia membership is NOT a qualifier (as ruled by the SCOTUS). It is merely a reason for maintaining the right to keep and bear arms.
I agree completely. I was just pointing out to the author of the article why his argument was a load of bunk. Militia, as defined in Federal law, is comprised of the entirety of the PEOPLE. This is the basis of the opinion of the SCOTUS in Heller when they determined that the 2nd Amendment protects an individual right, killing the old "collective right" theory once and for all.

“Si vis pacem, para bellum !!”

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#13
Apr 7, 2013
 
Left Coast Conservative wrote:
<quoted text>
I agree completely. I was just pointing out to the author of the article why his argument was a load of bunk. Militia, as defined in Federal law, is comprised of the entirety of the PEOPLE. This is the basis of the opinion of the SCOTUS in Heller when they determined that the 2nd Amendment protects an individual right, killing the old "collective right" theory once and for all.
Yep.

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