this post was submitted on 30 Nov 2023
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Not sure many of them would see an issue with AR-15s. They're basically what the military has and what the civilians had back then was usually better than military grade. In fact, American civilians have always had better rifles than their contemporary military.
I loathe the title, and strongly disagree with it. Also, heard the presenter is a hard right-winger, but this is still an interesting history lesson. I never would have guessed most of this!
https://www.youtube.com/watch?v=3dIsy3sZI2Y&t=2s
I'm betting the founders would have thought having a lesser armed citizenry to be pointless. Of course, they might well have thought that such a giant, world policing, military to be a far worse mistake.
I mean, it’s super hypothetical. We lift them up but they were just a bunch of dudes living in their own times. While I’m sure they wanted a framework that would lead the country into future prosperity, they knew adaptation was necessary.
They also knew that the backbone of this country's defense were militias made up of citizens. We don’t really have those. I’m all for regulated militias coming back. They could possibly get exceptions for many banned weapons.
Every citizen doesn’t need to have access to military grade weaponry at any given moment. Even when I served, my shit was locked up and required a document trail for access and ammo use.
Balancing safety and personal rights is a complex and divisive issue. Everyone having all the guns would be super cool with me if we fixed gun culture, mental health access, and our many many societal financial issues. 'Til then, reasonable laws.
We are a well regulated militia. Well regulated means well equipped/prepared.
"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin
That's all it means? Because it seems fairly clear that it means something like "well organized, supplied, and trained." If we're saying that the word "regulated" just means "armed", and the word "militia" just means "people", then it sounds a lot like you're interpreting it to mean what you want it to.
I've never heard "regulated" used that way outside of tortured 2nd amendment interpretations, and a militia requires some amount of training and regular drills.
Let's assume it does refer to the concepts you describe. The entity charged with ensuring the "regularity" of the militia is Congress, and constitutionally, the militia is every American.
So, what "regulation" do you think Congress should place on every American?
Yes. Prepared includes training. However training isn't required to be considered part of a militia. As for organized, there are many different levels of organization, for example your friends and family resisting an invasion ala red dawn, and the national guard are both organized to different degrees.
So if training isn't necessary to be considered a member of a militia, and organization can mean any amount of organization at all, then you are using "militia" to mean "people." If that is what you think they were saying, then why would they use the word "militia" at all?
"militia" refers to that aspect of "the people" that can be charged with enforcing law, suppressing insurrection, and repelling invasion. The second amendment uses "militia" and "people" synonymously. It declares that average, everyday individuals provide the security and freedom of the state. That obligation is not tasked to the armies of a lord, nobleman, or king, but retained by We The People, individually and collectively.
The second amendment says that because we bear this responsibility, we must not be disarmed.
I have a feeling the conversation to have with most of the founders would be centered around the political weaponization of the Second Amendment in the face of almost daily mass shootings. I have a strong suspicion that the "well-regulated militia" part of that amendment would become much more pronounced.
They would be far more concerned with the government embracing fascism, than they would about 2nd amendment considerations. If anything, they'd push for a less restrictive 2nd amendment, and dismantling of federal power structures. They were revolutionaries, after all.
I really doubt it. If they intended the right to belong to militias or members of one, they would have written that instead of people.
Plus there are a lot of people in the militia. Specifically every able-bodied male from the ages of 17 to 45.
https://uscode.house.gov/view.xhtml?path=/prelim@title10/subtitleA/part1/chapter12&edition=prelim
Keep in mind, what you posted is the legislative definition, not the constitutional meaning. If Congress wanted to, they could expand the legislated meaning. They could expand it to 16 to 60, or 8 to 80 if they wanted. They could change from the "able body" to "sound mind" standard, include women, or change from citizens and prospective citizens to "American persons" and draft green-card holders.
The point is that the definition you provided is only a tiny portion of the Constitutional meaning. The constitutional meaning of "militia" is "We The People" and the definition of "Well Regulated" is whatever policies, practices, rules, and laws that Congress seems necessary and proper to enact with their Article I powers regarding the militia.
Basically, Congress can force every high school graduate to have attended "militia" training on the laws governing use of force and safe gun handling. They are empowered to "prescribe" such "discipline" on the militia. But whether they choose to do that or not, they cannot prohibit people from keeping and bearing arms.
Pretty sure this would solve a lot of issues surrounding the Second Amendment, as well as many others. If everyone is well-trained by the same precise regimen, then everyone can be expected to comport themselves properly moving forward. Works for public education, would work for this.
Or perhaps put something in about a militia, but one that was well regulated.
You are a militia member.
Unless you are not an American, I am not creating a hypothetical scenario; I am stating that under the constitutional meaning of the term, you are a militia member. You may not be one for which Congress has created an obligation to register with selective service. You may not qualify under Congress's rules to be drafted. But under the constitution, Congress can use their powers over the militia to compel you to act. You. Are. Militia.
When you insinuate that the Militia is not "well regulated", what additional regulations do you wish to be subjected to?
Personally, I think every member of the militia (Every American) should be required to attend a class on the laws governing use of force. Not enough people actual understand them.