Displaying items by tag: militia is not the army

Someone on Facebook asked me my thoughts on an article where the author surmised that militia, army, and National Guard are the same thing. It's long but I am trying to help people understand from a historical perspective of the 2nd Amendment and the pro-gun side. Here was my response, perhaps you will find it useful as I know social media is ablaze with gun control debates. I find that a lot of people don't know the history around the U.S. and the Bill of Rights and thought it might be useful:

He is actually right about it being against tyranny and not collecting or duck hunting. He is also correct that Scalia never claimed it to be an unlimited right or what is "reasonable." Like always they leave that to local government and lower courts. BUT SCOTUS did determine that handguns are common and could not be banned. Are AR15s the most common rifle, made, sold and shot in the U.S. "common"? Well, there the courts disagree with each other.

What the author gets wrong is that the Founding Fathers chose "militia" on purpose. Militia were controlled locally with no Fed intervention. As for calling it a synonym for "army" he is WAY off base. The standing army (yes there was one) was DISBANDED after the Revolutionary War. The Founding Fathers distrusted a professional standing army.

Let me ask this - Does any other Amendment in the Bill of Rights enumerate rights of the Govt? The Constitution already grants Federal Govt the authority to raise and fund an Army. Why on Earth would they write an Amendment that granted the right of [its own Army] to keep and bear arms? That makes no sense. The 10th Amendment drives home this fact - that these are not Govt rights by reserving any non-enumerated powers to the States.

The National Guard being the militia (remember "of the people") has no basis. The National Guard didn't come into existence until 1903 and under the Dick Act the militia was made up of *2* components - the ORGANIZED militia aka National Guard and the UNORGANIZED militia - THE PEOPLE. To further illustrate this we have the 1939 SCOTUS ruling United States vs Miller which specifically states that the National Guard UNLIKE the Militia can be required to serve overseas.

Now, I did read an article today that talked about the "well regulated" part and lamented the fact that the States (with perhaps the exception of Texas) don't really have programs to train people. Washington's is very bare (http://mil.wa.gov/) but exists. The author was right, it was the intent that everyone participate who was willing and able. There the author surmised was a way to regulate firearms, require training that would still adhere to 2nd Amendment. However, the fact that the States have been lax in training (regulating) doesn't remove the Right. Just because no troops have been quartered lately doesn't mean that it's ok to do it now (3rd Amendment).

Besides the 2nd Amendment doesn't say "as long as the militia is well regulated" or "as long as some people think we need a militia."

Hamilton, Federalist 29: "This force will be further complemented by the "people at large," who can "stand ready with arms to defend their rights and those of their fellow-citizens."

George Mason in the debate on the ratification of the Constitution before the Virginia Assembly: "I ask, sir, what is the militia? It is the whole people, except for a few public officials."