3 ms·

The latter what? What does the militia clause have to do with it, outside of providing healthcare to the military? The necessary and proper execution of which

by mises 8y ago

The latter what? What does the militia clause have to do with it, outside of providing healthcare to the military? The necessary and proper execution of which federal power? The federal government no longer calls up a militia, so you can make no pretense of this being anything but an unconstitutional reach. Also, militiae are not composed of all the populace, therefore you could at most justify a certain subgroup. Arguably the most vulnerable groups are the least covered by this. Also, the necessary and proper clause is a bs justification in most senses of its use, possibly tied with the commerce clause for most-abused.

dragonwriter 8y ago
> The latter what? The federal government is allowed to dispense it as opposed to anyone has a right to it. > What does the militia clause have to do with it, outside of providing healthcare to the military? The military clauses would be what authorizes healthcare to the military. The militia is not the military (and the militia clause is not the military clauses), and is universal. > The necessary and proper execution of which federal power? The militia power, as specified in the militia clause, hence the “read together with”. > The federal government no longer calls up a militia, The militia power expressly is not just about calling up and using a militia, but keeping one in readiness should a desire to call it up be made in the future. (Also, the federal government does calls up part of the militia, what is in current statute defined as the “organized militia”.) The militia power does not go away just because Congress does not anticipate a near-term need for a call-up. > Also, militiae are not composed of all the populace, therefore you could at most justify a certain subgroup. Arguably, the Constitutional militia is universal, and the statute purporting to limit the scope of the “unorganized militia” (currently to able-bodied males 17-45 [0]) is simply an application of the power to organize the militia based on anticipated likelihood of call ip, and does not alter the Constitutional scope of the militia. [0] the “males” part being in tension with the recent ruling against the male-only draft registration, as draft registration is also an exercise of the organizing part of the militia power.

by mises 8y ago

dragonwriter 8y ago

> The latter what? The federal government is allowed to dispense it as opposed to anyone has a right to it. > What does the militia clause have to do with it, outside of providing healthcare to the military? The military clauses would be what authorizes healthcare to the military. The militia is not the military (and the militia clause is not the military clauses), and is universal. > The necessary and proper execution of which federal power? The militia power, as specified in the militia clause, hence the “read together with”. > The federal government no longer calls up a militia, The militia power expressly is not just about calling up and using a militia, but keeping one in readiness should a desire to call it up be made in the future. (Also, the federal government does calls up part of the militia, what is in current statute defined as the “organized militia”.) The militia power does not go away just because Congress does not anticipate a near-term need for a call-up. > Also, militiae are not composed of all the populace, therefore you could at most justify a certain subgroup. Arguably, the Constitutional militia is universal, and the statute purporting to limit the scope of the “unorganized militia” (currently to able-bodied males 17-45 [0]) is simply an application of the power to organize the militia based on anticipated likelihood of call ip, and does not alter the Constitutional scope of the militia. [0] the “males” part being in tension with the recent ruling against the male-only draft registration, as draft registration is also an exercise of the organizing part of the militia power.