Monday, February 18, 2013

Militias and the 2nd Amendment

I don't understand the confusion around the meaning of the 2nd Amendment with regard to what constitutes the militia.  

The militia is clearly defined in 10 USC - 311 and states this:

(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 are—(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.

The 2nd Amendment states:
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

Therefore, in amplified version, we get this:
A well regulated militia consisting 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, these being necessary to the security of a free state, the right of the people (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) to keep and bear arms shall not be infringed.

Notice that we don't fill out an application to become a member of the militia.  Upon turning 17, if you are male and able-bodied, you are automatically a member of the unorganized militia of your state.  With this in mind, when the amendment was ratified, militiamen had the same rifle (a musket) as federal troops.  For this reason militiamen today should also have the same rifle used by federal troops.  That is how we maintain a balance of power between the government and the people.

It would seem, however, that prior to age 17 and upon reaching the age of 45, that technically, one might lose their 2nd Amendment protection.  It will all depend how you interpret "the people".  One might also argue that since mortality rates have increased so dramatically in the past 200+ years that 45 should be increased to 55 or 60.  Especially since you can serve in the National Guard (the organized militia) until the age of 60.

It's unlikely the definition of a militia will change unless the draft is abolished *and* the constitution is amended (not just a revision of the 2nd Amendment) to dissolve state militias including the National Guard. The government would also have to  abolish the draft (conscription) because that is how the federal government activates the unorganized militia.

The constitution states the following,
[Congress is required] To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States

Notice that the Army and the militia are two separate entities.  I’ll close this for now.  Comments welcome.

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Introduction

Motto: If Gods wills, failure's no option and mediocrity not acceptable.

Mission: To be the best man I can possibly be, while realizing any good thing I do is of Christ and any bad thing is a result of my inherently sinful nature.

Guiding Scripture: Haven't I commanded you: be strong and courageous? Do not be afraid or discouraged, for the LORD your God is with you wherever you go.
~Joshua 1:9