I have a feeling the conversation to have with most of the founders would be centered around the political weaponization of the Second Amendment in the face of almost daily mass shootings. I have a strong suspicion that the “well-regulated militia” part of that amendment would become much more pronounced.
They would be far more concerned with the government embracing fascism, than they would about 2nd amendment considerations. If anything, they’d push for a less restrictive 2nd amendment, and dismantling of federal power structures. They were revolutionaries, after all.
Agreed, though the correlation between the modern advance of fascism and the people who press the hardest on gun rights is hard to dismiss. Of course, I am only pointing to the correlation in sets, there are obviously elements of each set which do not belong to the other, but the cardinality of the intersection far outstripes that of the difference.
Keep in mind, what you posted is the legislative definition, not the constitutional meaning. If Congress wanted to, they could expand the legislated meaning. They could expand it to 16 to 60, or 8 to 80 if they wanted. They could change from the “able body” to “sound mind” standard, include women, or change from citizens and prospective citizens to “American persons” and draft green-card holders.
The point is that the definition you provided is only a tiny portion of the Constitutional meaning. The constitutional meaning of “militia” is “We The People” and the definition of “Well Regulated” is whatever policies, practices, rules, and laws that Congress seems necessary and proper to enact with their Article I powers regarding the militia.
Basically, Congress can force every high school graduate to have attended “militia” training on the laws governing use of force and safe gun handling. They are empowered to “prescribe” such “discipline” on the militia. But whether they choose to do that or not, they cannot prohibit people from keeping and bearing arms.
Basically, Congress can force every high school graduate to have attended “militia” training on the laws governing use of force and safe gun handling. They are empowered to “prescribe” such “discipline” on the militia. But whether they choose to do that or not, they cannot prohibit people from keeping and bearing arms. >
Pretty sure this would solve a lot of issues surrounding the Second Amendment, as well as many others. If everyone is well-trained by the same precise regimen, then everyone can be expected to comport themselves properly moving forward. Works for public education, would work for this.
Unless you are not an American, I am not creating a hypothetical scenario; I am stating that under the constitutional meaning of the term, you are a militia member. You may not be one for which Congress has created an obligation to register with selective service. You may not qualify under Congress’s rules to be drafted. But under the constitution, Congress can use their powers over the militia to compel you to act. You. Are. Militia.
When you insinuate that the Militia is not “well regulated”, what additional regulations do you wish to be subjected to?
Personally, I think every member of the militia (Every American) should be required to attend a class on the laws governing use of force. Not enough people actual understand them.
I have a feeling the conversation to have with most of the founders would be centered around the political weaponization of the Second Amendment in the face of almost daily mass shootings. I have a strong suspicion that the “well-regulated militia” part of that amendment would become much more pronounced.
They would be far more concerned with the government embracing fascism, than they would about 2nd amendment considerations. If anything, they’d push for a less restrictive 2nd amendment, and dismantling of federal power structures. They were revolutionaries, after all.
Agreed, though the correlation between the modern advance of fascism and the people who press the hardest on gun rights is hard to dismiss. Of course, I am only pointing to the correlation in sets, there are obviously elements of each set which do not belong to the other, but the cardinality of the intersection far outstripes that of the difference.
I really doubt it. If they intended the right to belong to militias or members of one, they would have written that instead of people.
Plus there are a lot of people in the militia. Specifically every able-bodied male from the ages of 17 to 45.
https://uscode.house.gov/view.xhtml?path=/prelim@title10/subtitleA/part1/chapter12&edition=prelim
Keep in mind, what you posted is the legislative definition, not the constitutional meaning. If Congress wanted to, they could expand the legislated meaning. They could expand it to 16 to 60, or 8 to 80 if they wanted. They could change from the “able body” to “sound mind” standard, include women, or change from citizens and prospective citizens to “American persons” and draft green-card holders.
The point is that the definition you provided is only a tiny portion of the Constitutional meaning. The constitutional meaning of “militia” is “We The People” and the definition of “Well Regulated” is whatever policies, practices, rules, and laws that Congress seems necessary and proper to enact with their Article I powers regarding the militia.
Basically, Congress can force every high school graduate to have attended “militia” training on the laws governing use of force and safe gun handling. They are empowered to “prescribe” such “discipline” on the militia. But whether they choose to do that or not, they cannot prohibit people from keeping and bearing arms.
Pretty sure this would solve a lot of issues surrounding the Second Amendment, as well as many others. If everyone is well-trained by the same precise regimen, then everyone can be expected to comport themselves properly moving forward. Works for public education, would work for this.
Or perhaps put something in about a militia, but one that was well regulated.
You are a militia member.
Unless you are not an American, I am not creating a hypothetical scenario; I am stating that under the constitutional meaning of the term, you are a militia member. You may not be one for which Congress has created an obligation to register with selective service. You may not qualify under Congress’s rules to be drafted. But under the constitution, Congress can use their powers over the militia to compel you to act. You. Are. Militia.
When you insinuate that the Militia is not “well regulated”, what additional regulations do you wish to be subjected to?
Personally, I think every member of the militia (Every American) should be required to attend a class on the laws governing use of force. Not enough people actual understand them.
So you just don’t understand basic grammar.