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2007-11-20 Home Front: Culture Wars

Supreme Court to Hear District of Columbia Right-to-Bear Arms Case

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Posted by Sherry 2007-11-20 13:16|| || Front Page|| [2 views ] Top

#1 Whether the following provisions D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?

I wonder if the old men and women are competent enough to connect the dots?

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,.Art I, Section 8

and the implementation of that authority through, Title 10 U.S.C.

311. Militia: composition and classes
How Current is This?
(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.

I have my doubts.

Posted by Procopius2k 2007-11-20 15:50|| 2007-11-20 15:50|| Front Page Top

#2 Based upon some of the absolutely idiotic decisions in recent times, like the eminant domain case, etc, I have my doubts that the Supremes will think this one through. One can always hope, though.
/color me cynical

Posted by Alaska Paul">Alaska Paul 2007-11-20 16:09|| 2007-11-20 16:09|| Front Page Top

#3 All they have to do is read what Thomas Jefferson said, "The Second Ammendement should never be construed as to deprive law abiding Citizens of their arms". But they won't. It'll be close. Anyone wanna bet which position Ruth Bader-Ginsberg will take?

Posted by Deacon Blues">Deacon Blues 2007-11-20 16:48|| 2007-11-20 16:48|| Front Page Top

#4 Look at the 2nd amendment like this....Why would the government need an amendment to the constitution to ensure it's allowed to arm the militia?

There's a stumper for ya.

Posted by Silentbrick">Silentbrick 2007-11-20 18:00|| 2007-11-20 18:00|| Front Page Top

#5 Why would the government need an amendment to the constitution to ensure it's allowed to arm the militia?

Because the malitias belong to the States. The Army belongs to the Federal government. The purpose of the Bill of Rights was to limit the powers of the Federal Government, in part by reserving rights to the states and individuals. In this case, the document is unfortunately ambiguous.

Note also that while the first amendment prohibited the establishment of a religion, this was limited to the Federal government. Several states continued to have established religions until 1831.

The real question is what was meant by the "malitia" at the time of drafting.

Posted by Nimble Spemble 2007-11-20 18:11|| 2007-11-20 18:11|| Front Page Top

#6 Excepted from wiki Militia Act of 1792

The Militia Act of 1792 was a series of statutes enacted by the second United States Congress in 1792. The act provided for the organization of state militias under the command of the President of the United States.

There were, in fact, two Militia Acts passed by the U.S. Congress in 1792. The first Act, passed May 2, 1792, provided for the authority of the President to call out the militias of the several states, "whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe."[1] The law also authorized the President to call the militias into Federal service "whenever the laws of the United States shall be opposed or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act".[2] This provision likely referred to risings such as Shay's Rebellion or the Whiskey Rebellion in opposition to the judicial collection of debts and taxes.
Wikisource has original text related to this article:
Militia Act of 1792

The second Act, passed May 8, 1792, provided for the organization of the state militias. It conscripted every "free able-bodied white male citizen" between the ages of 18 and 45 into a local militia company overseen by the state. Militia members were required to arm themselves at their own expense with a musket, bayonet and belt, two spare flints, a cartridge box with 24 rounds of ammunition, and a knapsack. Men owning rifles were required to provide a powder horn, 1/4 pound of gun powder, 20 rifle balls, a shooting pouch, and a knapsack.[3] Some occupations were exempt, such as congressmen, stagecoach drivers, and ferryboatmen. Otherwise, men were required to report for training twice a year, usually in the Spring and Fall. Two types of milita companies emerged by 1830: Volunteers and Enrolled. Volunteer militia companies were popular, prestigious, and often exclusive, with members possessing political or social connections. Each company designed its own uniforms, marched in parades, and held banquets, balls, etc. Enrolled companies consisted of men who wanted no part of the system, and training days often were drunken parties, with few members possessing working firearms and the required equipment.

Posted by Procopius2k 2007-11-20 19:29|| 2007-11-20 19:29|| Front Page Top

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