• Steve@communick.news
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    5 months ago

    Militias don’t exist anymore, accept as a term for a cosplaying gun club.

    Remember, when this was written people thought a permanent military would be used against the citizens, so they thought it better to not have one.

    • FireTower@lemmy.world
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      5 months ago

      There were supporters of a standing army at the time notably George Washington President of the national when the Bill of Rights was enacted.

      • Steve@communick.news
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        5 months ago

        Yes. True. Everything had at least half a dozen reasons for and against, that were all debated exhaustively.

        But this specific right, is the only one that actually describes a reason for its existence. And that reason no longer exists. That’s the important part.

        • FireTower@lemmy.world
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          5 months ago

          6A) …to have the assistance of counsel for his defense.

          I would argue that the militia still exists it’s just the government isn’t doing it’s duty to regulate the body of the people to be capable of common defense well. And to assume a right protected by the constitution could be outmoded by government inaction is self defeating logic.

          • Steve@communick.news
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            5 months ago

            Of course they are. It’s the whole military. More specificaly The National Guard. We have permanent professional soldiers who replaced the militia long ago.

            • FireTower@lemmy.world
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              5 months ago

              The military and national guard aren’t militia, they are armies. A select militia is no militia at all. And professional soldiers can’t replace a militia as it is them who on rare occasion they are tasked with opposing.

              At the siege of Boston the Connecticut militia along with the Green Mountain Boys, and the men of Massachusetts showed up to oppose the British regulars. The regulars were professional soldiers. The rest the militia.

              Our professional army maybe our ally in liberty today but history has shown that may not always be the case.

              • Steve@communick.news
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                5 months ago

                The National Guard are the modern militia. Deployable by the Governor, not the President.

                • FireTower@lemmy.world
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                  5 months ago

                  A select militia is no militia at all. It defeats to core purpose of a militia. And it isn’t deployable by the President. But it is by Congress (then under Exec leadership). Read the Federalist Papers/Antifederalists Papers. Throw Blackstone and Story in there too.

                  To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; -Article 1 Sec 8

                  The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; - Article 2 Sec 2

    • njm1314@lemmy.world
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      5 months ago

      No, When It Was Written they were worried that US Army would be busy and the slave rebellion wouldn’t be able to put down without a local militia. That needs to be remembered every time this argument comes up. The Second Amendment exists because because they were afraid of slave rebellions. Patrick Henry in particular in this case.

      • FireTower@lemmy.world
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        5 months ago

        The idea that militias were solely for suppressing slave rebellions is patently wrong. If that was the case why would Vermont (a state that never allowed slavery) have had a militia.

        The Federalist Papers clearly painted their purpose.

      • UltraGiGaGigantic@lemm.ee
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        5 months ago

        When It Was Written they were worried that US Army would be busy and the slave rebellion wouldn’t be able to put down without a local militia

        You’re thinking of cops. And yes, cops are not well regulated.

      • Steve@communick.news
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        5 months ago

        That doesn’t even really matter to the point I was making.

        The 2nd amendment is the only one in the bill of rights to explicitly state the reason for it. And organized state militias don’t exist anymore. So it really doesn’t need to either.

    • Narauko@lemmy.world
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      5 months ago

      10 U.S. Code § 246 - Militia: composition and classes:

      (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

      (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.

    • yeather@lemmy.ca
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      5 months ago

      And damn were they almost right a few times, and 100% were right if you count cops under that term.