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jimmy the one

(2,720 posts)
35. militia, clear & unequivocal in 1939 miller
Wed Feb 17, 2016, 01:18 PM
Feb 2016

surfer guru: The right to arms isn't granted, given, created or otherwise established by the 2nd, the right to possess and use arms for legal purposes is a retained right -- no aspect of the right was ever conferred to the federal government that would allow the feds to dictate to the citizen what uses are allowed or qualify the protection of the right.

Your tailing might comport with the militia interpretation, but how with the individual? Congress would write each white property owning male in all the states specifically about his single shot musquettes and what when why or where he could or couldn't hunt? that wasn't even a concern back then, game was plentiful unlike in england, indeed citizens were encouraged to own guns due their short supply in militia. Congress created the militia act of 1792 a mere five months after writing the 2ndA, pretty obviously to some of us, providing a technical description to a constitutional definition.
How do you explain (without more sophistry please) these of scalia's (I presume, & faulty) wordings in the heller decision: The {2ndA} operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms.
2 {faulty reasoning from scalia} The Second Amendment’s drafting history, while of dubious interpretive worth, reveals three state Second Amendment proposals that unequivocally referred to an individual right to bear arms.

When scalia used the word clearly or unequivocally in heller, it is often a ruse, to deceive people into his errant point of view. Common rightwing ploy.
I did not miss this either, since the right to self defense has indeed existed for thousands of years prior to 2ndA. Tho the ancien regime hardly had gunpowder arms, just mainly those bows arrows & edged weapons: The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved.

And of course, you left off again the clear, yes clear, quote from the 1939 supreme court miller decision, which unequivocally, yes unequivocally, supports the militia interpretation (regardless of scalia & the gun lobby concocted song & dance, in their attempt to neuter it).

supreme court, 1939: The Constitution, as originally adopted, granted to the Congress power -- To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.
With obvious purpose to assure the continuation and render possible the effectiveness of such {militia} forces, the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.

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I think one of those... discntnt_irny_srcsm Feb 2016 #1
Some would have to complete their sentences first. N/T beevul Feb 2016 #21
There will always be those who are... discntnt_irny_srcsm Feb 2016 #22
Thus no nominee who is not an "individual right" advocate will have a chance at approval. Lizzie Poppet Feb 2016 #2
That will be the Republican position, no doubt. stone space Feb 2016 #3
Why would the GOP come here? GGJohn Feb 2016 #4
Oh, come on! We've even had Zimmerman supporters come here. stone space Feb 2016 #5
Zimmerman supporters? GGJohn Feb 2016 #6
Are personal insults really necessary here? stone space Feb 2016 #9
A fact is not a personal insult. GGJohn Feb 2016 #10
More personal insults??? Seriously??? Why??? stone space Feb 2016 #11
Why do you always make yourself out to be the victim? eom. GGJohn Feb 2016 #12
Why did you introduce personal insults into this thread? stone space Feb 2016 #14
See, there you go again, GGJohn Feb 2016 #15
Now you are just trolling. stone space Feb 2016 #16
... GGJohn Feb 2016 #17
No personal insults... Puha Ekapi Feb 2016 #18
same here, I see facts Duckhunter935 Feb 2016 #20
It's a shtick, seen early & often. Eleanors38 Feb 2016 #31
I am sure you will be able to supply links Duckhunter935 Feb 2016 #8
so are you calling du members Duckhunter935 Feb 2016 #7
That was precisely my point. Lizzie Poppet Feb 2016 #13
Was his dissent in Maryland v King "bullshit" as well? Marengo Feb 2016 #19
That will be the position of any individual who values their rights. beevul Feb 2016 #24
Not sure how his death calls anything TeddyR Feb 2016 #23
Really? Where, exactly, does the Second Amendment mention or even allude to a flamin lib Feb 2016 #25
where does it say there isn't? gejohnston Feb 2016 #26
Are you against self defense? beevul Feb 2016 #27
ReallY???? Surf Fishing Guru Feb 2016 #28
I will ask again, flamin lib Feb 2016 #30
You are starting from an invalid foundation Surf Fishing Guru Feb 2016 #32
That is precisely what I said. Scalia found something in the Second Amendment that isn't there. flamin lib Feb 2016 #33
militia, clear & unequivocal in 1939 miller jimmy the one Feb 2016 #35
Hey jimmmy! I don't think there is doubt about the 2nd securing an individual right... jmg257 Feb 2016 #36
little problem with militia centric pov jimmy the one Feb 2016 #37
Ha - that is why I included points 2-4 - NO doubt what he was saying! nt jmg257 Feb 2016 #38
Do you deny a right to self-defense? n/t discntnt_irny_srcsm Feb 2016 #34
Can't tell the difference between babies and bathwater, huh? Nuclear Unicorn Feb 2016 #29
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