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veganlush

(2,049 posts)
Mon Apr 23, 2012, 02:39 PM Apr 2012

The presence of "A well regulated militia" in the wording of the Second Amendment [View all]

This discussion thread was locked as off-topic by seabeyond (a host of the General Discussion forum).

explains the absence of an acknowledgement of the "infringements" that nearly everyone realizes need to be in place. Thus I have cracked the code of the Second Amendment. In other words, if you wondered as I have why they said "shall not be infringed" knowing full well that infringements were obviously necessary, you need only realize the context, which is that they had already provided the qualifier which was "A well regulated militia". They didn't need to list the necessary infringements because inclusion in a well regulated militia would be predicated upon not having the challenges that would require those infringements. Those who are too young, or who have mental issues, or physical limitations or criminal history, etc, etc, would not make it into a well regulated militia.

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Seems a lot of people consider the NRA "a well regulated militia" these days. polichick Apr 2012 #1
KNR joeybee12 Apr 2012 #2
Whatever, elleng Apr 2012 #3
The 5 right wingers did. Hoyt Apr 2012 #20
What difference does that make? It still has the same legal force. badtoworse Apr 2012 #24
The reason for this is because the USA did not have a standing army and Jefferson never Lint Head Apr 2012 #4
Jefferson didn't write the constitution, but you're generally correct. TheWraith Apr 2012 #7
The Connecticut Constitution is also very clear. NutmegYankee Apr 2012 #17
Elbridge Gerry, for whom the gerrymander was named: KamaAina Apr 2012 #18
No, that's not what it means. TheWraith Apr 2012 #5
Good point. CJCRANE Apr 2012 #6
4th amendment - NutmegYankee Apr 2012 #9
"secure in their persons"... CJCRANE Apr 2012 #13
Militia in the 18th century was the people. NutmegYankee Apr 2012 #15
That's fair enough CJCRANE Apr 2012 #16
Congress can call the militia for three purposes. NutmegYankee Apr 2012 #19
I've learned something new today. CJCRANE Apr 2012 #23
Yes, it is an individual right. TheWraith Apr 2012 #10
In Heller, the SCOTUS said that the 2nd Amendment protects an individual right badtoworse Apr 2012 #12
The Second Amendment came from the Virginia Declaration of Rights (1776) NutmegYankee Apr 2012 #8
That's much clearer. Thanks. freshwest Apr 2012 #11
The reason the Second is less specific is that it is an amendment to another document. NutmegYankee Apr 2012 #14
I wish we did not have a standing army, but the world has not been working that way. freshwest Apr 2012 #22
Miller (1930s SCOTUS decision) basically says Congress can regulate non-military guns pretty freely Recursion Apr 2012 #21
this belongs in the gun forum. nt seabeyond Apr 2012 #25
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