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jmg257

(11,996 posts)
30. Semantics?? What we are REALLY illustrating here is the VERY VALID USE of STATE militias
Tue Apr 2, 2013, 12:25 PM
Apr 2013

in vital MANDATORY roles WELL beyond usage as mere slave patrols.

Yes, we know that the feds had been given power over the militias (and is what what Madison pushed for), which was a main reason for enacting the constitution in the 1st place (read the pre-amble). Those powers included providing guidelines on "arming" them, as well as using them in federal service.



MONDAY, June 16, 1788 Virginia
Mr. MADISON. Mr. Chairman, I will endeavor to follow the rule of the house, but must pay due attention to the observations which fell from the gentleman. I should conclude, from abstracted reasoning, that they were ill founded I should think that, if there were any object which the general government ought to command, it would be the direction of the national forces. And as the force which lies in militia is most safe, the direction of that part ought to be submitted to, in order to render another force unnecessary. The power objected to is necessary, because it is to be employed for national purposes. It is necessary to be given to every government. This is not opinion, but fact. The highest authority may be given, that the want of such authority in the government protracted the late war, and prolonged its calamities.

He says that one ground of complaint, at the beginning of the revolution, was, that a standing army was quartered upon us. This was not the whole complaint. We complained because it was done without the local authority of this country — without the consent of the people of America. As to the exclusion of standing armies in the bill of rights of the states, we shall find that though, in one or two of them, there is something like a prohibition, yet, in most of them, it is only provided that no armies shall be kept without the legislative authority; that is, without the consent of the community itself. Where is the impropriety of saying that we shall have all army, if necessary? Does not the notoriety of this constitute security? If inimical nations were to fall upon us when defenceless, what would be the consequence? Would it be wise to say, that we should have no defence? Give me leave to say, that the only possible way to provide against standing armies is to make them unnecessary. The way to do this is to organize and discipline our militia, so as to render them capable of defending the country against external invasions and internal insurrections.
...{and a comment for the slavery role}
I conceive that we are peculiarly interested in giving the general government as extensive means as possible to protect us. If there be a particular discrimination between places in America, the Southern States are, from their situation and circumstances, most interested in giving the national government the power of protecting its members.




House of Representatives, Amendments to the Constitution
17, 20 Aug. 1789

The House again resolved itself into a committee, Mr. Boudinot in the chair, on the proposed amendments to the constitution. The third clause of the fourth proposition in the report was taken into consideration, being as follows: "A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no person religiously scrupulous shall be compelled to bear arms."

Mr. Gerry.--This declaration of rights, I take it, is intended to secure the people against the mal-administration of the Government; if we could suppose that, in all cases, the rights of the people would be attended to, the occasion for guards of this kind would be removed. Now, I am apprehensive, sir, that this clause would give an opportunity to the people in power to destroy the constitution itself. They can declare who are those religiously scrupulous, and prevent them from bearing arms. What, sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty. Congress could take such measures with respect to a militia, as to make a standing army necessary. Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins."

Mr. Jackson did not expect that all the people of the United States would turn Quakers or Moravians; consequently, one part would have to defend the other in case of invasion.

Mr. Sherman conceived ...We do not live under an arbitrary Government, said he, and the States, respectively, will have the government of the militia, unless when called into actual service;

Mr. Gerry objected to the first part of the clause, on account of the uncertainty with which it is expressed. A well regulated militia being the best security of a free State, admitted an idea that a standing army was a secondary one. It ought to read, "a well regulated militia, trained to arms;" in which case it would become the duty of the Government to provide this security, and furnish a greater certainty of its being done.

Mr. Burke proposed to add to the clause just agreed to, an amendment to the following effect: "A standing army of regular troops in time of peace is dangerous to public liberty, and such shall not be raised or kept up in time of peace but from necessity,

Mr. Scott objected to the clause in the sixth amendment, "No person religiously scrupulous shall be compelled to bear arms." ... This would lead to the violation of another article in the constitution, which secures to the people the right of keeping arms, and in this case recourse must be had to a standing army.


Sorry - but NOT ONE mention of slavery in days of debates in the 1st congress. Days of debates on regulating the militias in the 2nd COngress, and not one mention of slavery (or private personal usage).

You can not call something a "fact" simply because you want to it to be true! Yes, slavery was AN issue, especially to slave states like Virginia - but it is clearly not THE issue for making sure the militias will remain armed.


I do agree with your last statement, simply because there are now federal select militias, so the 2nd is obsolete in it's original intent.

Recommendations

0 members have recommended this reply (displayed in chronological order):

I renounce my 2nd amendment right [View all] jimmy the one Mar 2013 OP
Okay. nt rrneck Mar 2013 #1
Thanks for explaining all of that. Many of us agree with you completely. freshwest Mar 2013 #2
Thanks for the notification. Flatulo Mar 2013 #3
the rich were still the rich back then pasto76 Mar 2013 #4
I read that as "chased a duck through a parking lot" Robb Mar 2013 #6
In his defense Orrex Mar 2013 #10
If everyone did as you have done than only nobody would have guns. Spitfire of ATJ Mar 2013 #5
So what is the "real" 2013 meaning of the 2A? Is it a complete anachronism? geckosfeet Mar 2013 #7
An anachronism because of the Civil War. And now willfully misinterpreted. Loudly Mar 2013 #16
Fine with me. It's a free country. closeupready Mar 2013 #8
Well you really don't have to relinguish any Right Whoopdedoo Mar 2013 #9
I don't own any guns mercymechap Mar 2013 #11
That’s just like, your opinion, man... Malik Agar Mar 2013 #12
Almost Funny. Mine Was Taken ProgressiveJarhead Mar 2013 #13
I agree with you. airplaneman Mar 2013 #14
As long as guns are legal, MicaelS Mar 2013 #15
The mental health aspect is all fine and wonderful... and totally unrealistic. world wide wally Mar 2013 #17
I gave mine up for Lent. jmg257 Mar 2013 #18
Spot on, Jimmy! CapnSteve Mar 2013 #19
How would the free states end slave patrols? Nothing at all about jmg257 Mar 2013 #21
OK, Let me fill in the gaps for you... CapnSteve Apr 2013 #24
Familiar with all that. So how could the congress dis-ban the state militias? jmg257 Apr 2013 #25
You are confusing federal militias with state militias (aka slave patrols)... CapnSteve Apr 2013 #26
Not at all. You are wrong here. The Constitution uses the term "the Militia" jmg257 Apr 2013 #27
OK, now you are just playing with semantics... CapnSteve Apr 2013 #28
Semantics?? What we are REALLY illustrating here is the VERY VALID USE of STATE militias jmg257 Apr 2013 #30
Because there was no federal militias, the congress had powers... jmg257 Apr 2013 #29
revanchism jimmy the one Apr 2013 #31
Ha - as usual - words of wisdom! (And what I have been saying all along ;)) jmg257 Apr 2013 #32
Just don't give up my 2A rights for me. ileus Mar 2013 #20
You are certainly free to do so. Peter cotton Mar 2013 #22
revisionist history - 2ndA jimmy the one Mar 2013 #23
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