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jimmy the one

(2,708 posts)
51. militia blasts from the past
Thu Jun 6, 2019, 12:58 PM
Jun 2019

icon: I remind you once again, 'amount of verbiage' =/= 'validity of argument'...

Advice ignored; You are not the one to be offering advice to most anyone mister, above the age of 21.
(PS: heal thyself, re your shannon watts/monsanto bulloffal)

icon: Miller no more applies today than Dred Scott or Plessy v Ferguson do

Specious, neither dred scott nor plessy/ferg were amendments written in 1791, they were furthering developments of civil rights issues; the argument is not what scalia perverted by heller which became 'judicial' law, it's what was intended by the original 2nd amendment.

Note how most new states used 'the people' to support the militia view: not one solely had an individual rkba, they all included militia & some (2, vermont & Pennsy) had an individual and militia right:

(rightwing) Madison Brigade: Eight of the original states enacted their own bills of rights prior to the adoption of the {US} Constitution. The following states included an arms-rights provision in their state constitution...

VIRGINIA (Jun12, 1776) That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases, the military should be under strict subordination to, and governed by, the civil power.

DEL (Sept11,1776) That a well-regulated militia is the proper, natural and safe defence of a free govt.


PENNSY (Sep28, 1776) XIII. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.

MARYLAND (Nov 11, 1776) XXV. That a well-regulated militia is the proper and natural defence of a free government.

NOR CAROLINA (Dec18, 1776) XVII. That the people have a right to bear arms for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under the strict subordination to, and governed by, the civil power.

VERMONT (July 8, 1777) XV. That the people have the right to bear arms for the defence of themselves and the State

MASSA (Oct25, 1780) XVII. The people have a right to keep and bear arms for the common defence.

NEW HAMPSHIRE (June 2, 1784) XXIV. A well regulated militia is the proper, natural, and safe defence of a state.
http://www.madisonbrigade.com/library_bor_2nd_amendment.htm
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.. look at New York & Rhode Island proclamations (same link) about Constitution ratification: NEW YORK CONVENTION (July 26,1788) That the people have the right to keep and bear arms; that a well-regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state.

RHODE ISLAND RATIFICATION CONVENTION (May 29, 1790) XVII. That the people have a right to keep and bear arms; that a well-regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state.

The Rhode Island preceding preface was 'That the people have the right to keep & bear arms'.
Was that therefore the 'declaratory clause' according to Scalia? so that the well reg'd militia clause following is the 'operative' clause? pls explain judicial pig scalia.

NEW YORK CONVENTION (July 7,1788) {prior to above} That the militia should always be kept well organized, armed and disciplined, and include, according to past usages of the states, all the men capable of bearing arms, and that no regulations tending to render the general militia useless and defenceless, by establishing select corps of militia, of distinct bodies of military men, not having permanent interests and attachments to the community, ought to be made.

Thanks for posting this mainstreetonce May 2019 #1
... flamin lib May 2019 #2
The fact that Scalia redacted 1/2 of the 2nd Amendment to support his "originalist" view guillaumeb May 2019 #3
Scalia specifically said that the 2A allows strict gun control hack89 Jun 2019 #7
True, but he did need to dismiss 1/2 of the Amendment to support his claimed originalist argument. guillaumeb Jun 2019 #16
President Obama, HRC and Bernie Sanders have all said the 2A protects an individual right hack89 Jun 2019 #17
It was, for the Founders. guillaumeb Jun 2019 #19
Except they never wrote any laws to that effect hack89 Jun 2019 #20
The Founders were concerned with Federal issues. eom guillaumeb Jun 2019 #21
according to Barron v Baltimore, gejohnston Jun 2019 #22
But those same founders went back to their states to write state constitutions hack89 Jun 2019 #23
The Consistution does make a provision for a standing army gladium et scutum Jun 2019 #29
Agreed. Snackshack May 2019 #4
From a centrist establishment type, formerly someone evenkeeled. sharedvalues May 2019 #5
"(Y)ou will not smear them or Waldman." My my, aren't *we* full of ourselves! friendly_iconoclast Jun 2019 #6
You did smear Waldman. You know your argument is flawed. sharedvalues Jun 2019 #10
Ahem. You don't actually *get* to shape others' replies to you. Also... friendly_iconoclast Jun 2019 #27
No, I do get to point out lies. sharedvalues Jun 2019 #31
Wait- if you buy guns or ammo you help get kids killed. sharedvalues Jun 2019 #32
"Pastor Robert Jeffress Says Disney Supports 'Murdering Children'... friendly_iconoclast Jun 2019 #36
Deflection. Own your responsibility. sharedvalues Jun 2019 #37
Feh. Eric Hoffer explained people like you years ago: friendly_iconoclast Jun 2019 #42
"If the gun restrictionists quit aping the fetus fetishists, the meme will go away." friendly_iconoclast Jun 2019 #43
Thanks for that discntnt_irny_srcsm Jun 2019 #44
The Supreme Court agrees with Burger hack89 Jun 2019 #8
The Heller decision is a farce that puts kids at risk sharedvalues Jun 2019 #9
Heller specifically says the 2A allows strict gun control. hack89 Jun 2019 #13
You just don't understand *progressive* guilt by association friendly_iconoclast Jun 2019 #34
Lots of obvious propaganda techniques, little to no actual evidence friendly_iconoclast Jun 2019 #28
That's a dead kid. Sorry you don't like actual evidence. sharedvalues Jun 2019 #30
Blatant propaganda and cheap appeals to pity don't move me, and never have friendly_iconoclast Jun 2019 #33
Another Lovejoy. Straw Man Jun 2019 #35
Of rights and straw men. MarvinGardens Jun 2019 #11
"...a bit of a straw man." But I would rec this were it an OP discntnt_irny_srcsm Jun 2019 #14
Thanks! MarvinGardens Jun 2019 #15
1939 Miller decision makes your claims invalid jimmy the one Jun 2019 #46
Sounds like the gestation slavers claiming that Roe v Wade ought to be overturned friendly_iconoclast Jun 2019 #48
militia blasts from the past jimmy the one Jun 2019 #51
I'm neither impressed nor intimidated by mere bluster and chronic logorrhea friendly_iconoclast Jun 2019 #53
The modern N.C. constitution added the qualifier MarvinGardens Jun 2019 #66
1939 miller explained further jimmy the one Jun 2019 #76
You are laser focused on Miller and ignoring my other arguments in this thread. MarvinGardens Jun 2019 #77
It seems Con Law lectures at Internet Search Engine University focus on Miller... friendly_iconoclast Jun 2019 #78
Let's see here... discntnt_irny_srcsm Jun 2019 #79
Well, when you only have one decision, rendered because the defendant died, and the defense didn't AtheistCrusader Jun 2019 #81
If I understand you, sarisataka Jun 2019 #12
re: "...better to submit...than to defend one's self" discntnt_irny_srcsm Jun 2019 #24
With complete unawareness of the irony, sarisataka Jun 2019 #26
Perhaps if a whole city calls to request a police escort... discntnt_irny_srcsm Jun 2019 #39
Burger's rant gejohnston Jun 2019 #18
If you buy guns and ammo you help get American kids killed. sharedvalues Jun 2019 #40
it wasn't gejohnston Jun 2019 #41
What consensus legal opinion? hack89 Jun 2019 #45
Once again, you've demonstrated that pious fraud is part and parcel of gun control advocacy friendly_iconoclast Jun 2019 #49
Miller? The case where the defense never made an argument? hack89 Jun 2019 #55
"(Miller) did not say that militia service is required for gun ownership." True... friendly_iconoclast Jun 2019 #56
Pardon me for interjecting my rather focused discussion on Miller discntnt_irny_srcsm Jun 2019 #58
You weren't to notice those inconvenient details amidst all the bluster and handwaving friendly_iconoclast Jun 2019 #60
See reply below for legal opinion sharedvalues Jun 2019 #65
re: "Republicans love guns because gun identity politics gets people... discntnt_irny_srcsm Jun 2019 #25
Wrong. I just checked. discntnt_irny_srcsm Jun 2019 #38
1939 supreme court Miller decision re 2ndA jimmy the one Jun 2019 #47
Miller is no more valid today than Minersville School District v. Gobitis friendly_iconoclast Jun 2019 #50
And if it was, we'd all have the right to own an Army-issue (and fully automatic) M4... friendly_iconoclast Jun 2019 #59
"a unorganized militia is NOT well regulated. It could not possibly be what madison intended" friendly_iconoclast Jun 2019 #61
IOW: "No *true* militia is unorganized" friendly_iconoclast Jun 2019 #63
Thank you - very good! sharedvalues Jun 2019 #80
Of course, because it's wrong in the same way your argument is wrong. AtheistCrusader Jun 2019 #82
I'm sorry you can't recognize truth when you see it. sharedvalues Jun 2019 #83
When I buy ammo, I give 11% to nature conservancy. AtheistCrusader Jun 2019 #86
You're having a discussion with someone who rewrote the dictionary discntnt_irny_srcsm Jun 2019 #85
Evangelists of all stripes want believers, not thinkers. Thinkers tend to ask pesky questions... friendly_iconoclast Jun 2019 #87
When your "church" says the world is flat... discntnt_irny_srcsm Jun 2019 #88
2A - Well regulated militia, not well armed minority bigbrother05 Jun 2019 #52
What are you doing to arm the majority? friendly_iconoclast Jun 2019 #54
There are so many appropriate quotes from the movie Lord of War discntnt_irny_srcsm Jun 2019 #84
Thanks. Yes. sharedvalues Jun 2019 #64
I hope to make this the subject of an OP, soon. MarvinGardens Jun 2019 #67
Only in America is the problem MythosMaster Jun 2019 #57
Welcome to the site and the group. discntnt_irny_srcsm Jun 2019 #62
"The Founders never intended to create unregulated guns" yagotme Jun 2019 #68
? sharedvalues Jun 2019 #69
The way to "register" guns is to make a list, yagotme Jun 2019 #70
How does this work when semiautomatics are banned? sharedvalues Jun 2019 #71
It's 2 simple steps discntnt_irny_srcsm Jun 2019 #72
Good question. yagotme Jun 2019 #73
Guess its good they are regulated then. jmg257 Jun 2019 #74
It was never meant to be just militia. gejohnston Jun 2019 #75
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