• @ubergeek@lemmy.today
    link
    fedilink
    English
    09 hours ago

    In this context when they write about a well regulated Militia being necessary to the security of a “free State,” they actually imply that the security guarantee is against a tyrannical state of which they had recently been at war with.

    No, it doesn’t. Read Article 8, as it describes what the militia’s purpose is. At the time “the people” meant “the states”, as each state was to be secure in it’s own abilities and authorities to manage it’s militias. The purpose was to put down insurrections and slave revolts.

    Remember, also, that to be “in the militia”, you were also reporting for regular muster and inspections. By the government.

    • @sentinel@lemmitor.com
      link
      fedilink
      0
      edit-2
      7 hours ago

      Considering there are only 7 articles to the constitution I assume you mean Article 1 Section 8 which defines the ability of the federal government to call forth a militia but does not itself impose any substantive limits on the militias beyond that? Is that the article you are referring to? Maybe you should re-read it. Well regulated language is conceptually distinct from congress’s power defined in A1 § 8 to organize and discipline a militia once its activated. The text also imposes no federal prohibition on state or unorganized militias from setting membership or arms. If it isn’t prohibited by the language of the document, it is allowed.

      • @ubergeek@lemmy.today
        link
        fedilink
        English
        0
        edit-2
        7 hours ago

        Yes, sorry… the militia clause, as its known

        The purpose of the militia is to put down insurrection, not to engage in it.

        The word “regulated” has had only one actual meaning… the same as it means to regulate interstate commerce.

        And only a couple of years later, the militia acts passed.

    • Psychadelligoat
      link
      fedilink
      English
      08 hours ago

      At the time “the people” meant “the states”

      Please take a government class before continuing with your understanding of the Constitution

        • Psychadelligoat
          link
          fedilink
          English
          07 hours ago

          That’s not what the 14th amendment does

          The 14th provides birthright citizenship, outlines that states won’t imprison people without due process, covers congressional proportionality, and makes insurrection/treason cause for not being eligible for office

          Seriously, take a constitutionality class, you need it

          • @ubergeek@lemmy.today
            link
            fedilink
            English
            07 hours ago

            I pray you actually read what people point you too:

            No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law