3 ms·

And every citizen and immigrant who intends to become a citizen man (and women in the Guard) at least 17 years of age and under 45 is a member of the Militia of

by User23 7y ago

And every citizen and immigrant who intends to become a citizen man (and women in the Guard) at least 17 years of age and under 45 is a member of the Militia of the United States[1]. [1] https://www.law.cornell.edu/uscode/text/10/246 https://www.law.cornell.edu/uscode/text/10/246

ineedasername 7y ago
But for the purpose of militia in this context and therefore that of the 2nd amendment, the power of Congress over the militia is deemed "unlimited" [0]. As such, regulating it's use of arms would be well within it's remit. [0] https://law.justia.com/constitution/us/article-1/58-the-militia-clauses.html https://law.justia.com/constitution/us/article-1/58-the-mili...
- TimTheTinker 7y ago
  ... as long as such regulation does not infringe the right of the people to keep or bear arms for all the purposes envisioned by the constitutional framers. Wikipedia has an excellent reference on this. See the "Experience in America prior to the U.S. Constitution" section: https://en.m.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution https://en.m.wikipedia.org/wiki/Second_Amendment_to_the_Unit...
  - mrmonkeyman 7y ago
    Good luck fighting carriers and strategic bombers with your militia. Also, what's the use of a militia being recognized and, wow, regulated by the very government they are designed to oppose if push comes to shove.
  - ineedasername 7y ago
    The purposes of the framers appears to be a well regulated militia, and that militia subject to "unlimited" control by congress. I agree this would mean congress could not dismantle or subvert the purpose of the militia, but having tight controls over the weaponry at their disposal when not in a state of current or imminent battle would not seem to so undermine it. After all, even the professional military have much, much more tightly controlled access to & tracking of firearms than is imposed in civil society. It is hard to credit an argument that would say militia could not reasonably & constitutionally mirror those same controls.
    - TimTheTinker 7y ago
      See the Wikipedia article - it mentions several further purposes both separate from and contained in the notion of a militia.

by User23 7y ago

ineedasername 7y ago

But for the purpose of militia in this context and therefore that of the 2nd amendment, the power of Congress over the militia is deemed "unlimited" [0]. As such, regulating it's use of arms would be well within it's remit. [0] https://law.justia.com/constitution/us/article-1/58-the-militia-clauses.html https://law.justia.com/constitution/us/article-1/58-the-mili...

TimTheTinker 7y ago
... as long as such regulation does not infringe the right of the people to keep or bear arms for all the purposes envisioned by the constitutional framers. Wikipedia has an excellent reference on this. See the "Experience in America prior to the U.S. Constitution" section: https://en.m.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution https://en.m.wikipedia.org/wiki/Second_Amendment_to_the_Unit...
- mrmonkeyman 7y ago
  Good luck fighting carriers and strategic bombers with your militia. Also, what's the use of a militia being recognized and, wow, regulated by the very government they are designed to oppose if push comes to shove.
- ineedasername 7y ago
  The purposes of the framers appears to be a well regulated militia, and that militia subject to "unlimited" control by congress. I agree this would mean congress could not dismantle or subvert the purpose of the militia, but having tight controls over the weaponry at their disposal when not in a state of current or imminent battle would not seem to so undermine it. After all, even the professional military have much, much more tightly controlled access to & tracking of firearms than is imposed in civil society. It is hard to credit an argument that would say militia could not reasonably & constitutionally mirror those same controls.
  - TimTheTinker 7y ago
    See the Wikipedia article - it mentions several further purposes both separate from and contained in the notion of a militia.