Gun Control & RKBA
In reply to the discussion: Countering the Heller dissent [View all]jimmy the one
(2,708 posts)nuc uni: How are unorganizd and well-regulated opposed to each other?
Can't stop laughing!!!!
nuc uni: It's possible to keep well maintained arms, etc. but not be organized into formal units. Many nations rely on a similar defense scheme
Which of those nations have a 'have arms' decree in their bill of rights? Switzerland? where assault rifle ammo needs be kept in an armory now? and ccw is disallowed for 'self defense'?
I'm not arguing other nations, I'm arguing your premise: nuclear unicorn, OP: I argue that the 2A was written with the militia clause to include in its protection, the specific possession of militia appropriate weapons.
intertwine nuc uni's OP with her later post: (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.
James Madison did not write 2nd amendment with any thought whatsoever to an 'UNorganized militia', since there was no such contemporary thing; he wrote 2ndA with the vision of a 'well regulated militia', that's crystal clear.
To try to apply the 2nd amendment's right to bear arms to an entity which came into being 30 years after 2ndA was written, can't possibly be what was intended.
To try to apply the militia code circa 1903, which legalizes the 'UNorganized militia', to enable almost all American adults to carry military weaponry, is sophomoric specious & fraudulent. The militia code of 1903 was written about 110 years after 2ndA, & in no way is representative of what was originally intended in 1791 & 1792.
Teddy Roosevelt circa 1903 wrote that the militia envisioned by Madison & the FFs was 'worthless & obsolete', so it was revamped by the militia code you cited.
nuc uni: That the existence of arms in the hands of everyone rather than a select few (maybe 1% of the population) was entirely proper. There have always been 1%ers that sought to be "above" the rest of us. It is that same special interest end that the 2A was enacted to protect against.
You realize you are calling George Washington & alex Hamilton, 'above' the 'rest of' presumably some grouping of americans?.
You say that the 2nd amendment, written when Washington was president of the united states, was written to protect americans against George Washington? who wanted a select militia, & was loathe to endorse even a militia rkba to everyone?