> the Militia <
& the 2nd Amendment

Just who is the "militia"?  The Second Amendment to the Constitution 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. 

The militia in the colonial days was composed of the able-bodied men, most of whom brought their own weapons.  Thus a militia could be raised quickly and with a minimum of training. 

The amendment could not logically have been limited to the organized militia, which would need no such amendment to protect their right to bear arms.   The amendment applies only to the ordinary citizen, whose right to bear arms had been challenged in probably every country in Europe by tyrannical governments.   The colonists, now become Americans, had come from those countries and knew well the terrible danger of being unarmed. 

The divine right of rulership was moved, by the Declaration of Independence, from the king or parliament to the people.  In a body politic where the supreme authority resides in the people, the people must be equipped to defend themselves against the oppressive centralization of government -- which was the reason for writing the American constitution in the first place. 

Government is by nature all about coercive force.  That is why it must be tied down with the chains of the constitution, as one founding father said. 

Below is the statutory law which spells out this principle.  The 2nd Amendment was not written for the organized militia, which would not need it.  It was written for the "unorganized" part of the militia, which, being already armed, could quickly fill the ranks of the organized militia.   The unorganized militia is the able-bodied men of the country -- for whom the 2nd Amendment was written.   

The following is from an email sent by a friend.  Relevant parts in red.   E. Fox 

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10 USC Sec. 311 (01/22/02)

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 13 - THE MILITIA

-HEAD-
Sec. 311. Militia: composition and classes

-STATUTE-
(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.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 14; Pub. L. 85-861, Sec. 1(7),
Sept. 2, 1958, 72 Stat. 1439; Pub. L. 103-160, div. A, title V,
Sec. 524(a), Nov. 30, 1993, 107 Stat. 1656.)

-MISC1-

Historical and Revision Notes 1956 Act
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Revised section Source (U.S. Code) Source (Statutes at Large)
---------------------------------------------------------------------
311(a) 311(b) 32:1 (less last 19 June 3, 1916, ch. words). 32:1 (last 134, Sec. 57, 39
19 words). Stat. 197; June 28, 1947, ch. 162, Sec. 7 (as applicable to
Sec. 57 of the Act of June 3, 1916, ch. 134), 61 Stat. 192.
-------------------------------
In subsection (a), the words ''who have made a declaration of intention'' are substituted for the words ''who have or shall have declared their intention''. The words ''at least 17 years of age and * * * under 45 years of age'' are substituted for the words ''who shall be more than seventeen years of age and * * * not more than forty-five years of age''. The words ''except as provided in section 313 of title 32'' are substituted for the words ''except as hereinafter provided'', to make explicit the exception as to maximum age. In subsection (b), the words ''The organized militia, which consists of the National Guard and the Naval Militia'' are substituted for the words ''the National Guard, the Naval Militia'', since the National Guard and the Naval Militia constitute the organized militia.

1958 Act
---------------------------------------------------------------------
Revised section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
311(a) 32 App.:1. July 30, 1956, ch. 789, Sec. 1, 70 Stat. 729.
-------------------------------
The words ''appointed as . . . under section 4 of this title'' are omitted as surplusage.
AMENDMENTS
1993 - Subsec. (a). Pub. L. 103-160 substituted ''members'' for ''commissioned officers''.
1958 - Subsec. (a). Pub. L. 85-861 included female citizens of the United States who are commissioned officers of the National Guard.


Available at  http://uscode.house.gov/usc.htm  which allows you to search the United States Code (Congressionally passed law, not regulation).

 

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