Gun Quotes : Militia Meaning

ℹ️Gun Quotes : Militia Meaning
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By :	Aristotle Sabouni
Created :	2017-04-20

1Liner  :  Words change meaning over time. The militia means what it meant at the founding, not the modern meaning.

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Summary  :  Words change meaning over time. But when trying to interpret law / original intent, you go with the anachronistic (original) meaning. At the founding of the country (and authoring of the Constitution), the militia was, "The whole body of civilians, that are NOT part of the regular army”. (Aka, all men, unless you were in the army or mentally unfit).

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At the time of the writing, the definition of militia was, "The whole body of civilians, that are NOT part of the regular army”. Since the Guard/Reserves are part of the regular army (or reserves), they are the unorganized militia (which was everyone else). Basically, anyone old enough to defend their home, town or country (that was not in the army already) was the militia.

Some people mistakenly think it means reserves or National Guard (established 1903, and subject to federal control) — but since those didn’t exist at the time of authoring, there is no way it could have been the type of body envisioned by the framers. Today’s legal definition is, the "militia" consists of "all able-bodied males at least 17 years of age”, with a few exclusions for medical, mental or job deferments (by their choice) (10 U.S.C. 311 and 32 U.S.C. 313).

You don’t have to take my word for it, there are multiple Constitutional rulings and the words of the authors listed below — but they’re all variants of the following:

Quotes

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  ❝ ...It is always dangerous to the liberties of the people to have an army stationed among them, over which they have no control...The Militia is composed of free Citizens. There is therefore no Danger of their making use of their power to the destruction of their own Rights, or suffering others to invade them. ❞ ~ Samuel Adams ℹ️

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  ❝ ...A well-regulated Milita, composed of the Gentlemen, Freeholders, and other Freemen was necessary to protect our ancient laws and liberty from the standing army... ❞ ~ George Mason ℹ️

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  ❝ A militia when properly formed are in fact the people themselves...and include all men capable of bearing arms . . . To preserve liberty it is essential that the whole body of people always possess arms… ❞ ~ Richard Henry Lee ℹ️ Additional Letters From the Federal Farmer 53, 1788

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  ❝ I ask, sir, what is the militia? It is the whole people... To disarm the people is the best and most effectual way to enslave them.” ❞ ~ George Mason ℹ️ during Virginia's ratification convention, 1788

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  ❝ I ask, sir, what is the militia? It is the whole people, except for a few public officials.” ❞ ~ George Mason ℹ️ 3 Elliott, Debates at 425-426

Supporting Opinions

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  ❝ (a) The militia of the United States consists of all able-bodied males at least 17 years of age... (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. ❞ ~ Federal Law: 10 U.S.C. § 311. ℹ️ Militia: composition and classes

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  ❝ "The right of bearing arms for a lawful purpose is not a right granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence.” ❞ ~ U.S. vs Cruikshank ℹ️ (1876)

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  ❝ "The argument that today's National Guardsmen, members of a select militia, would constitute the only persons entitled to keep and bear arms has no historical foundation.” ❞ ~ Joyce Lee Malcolm ℹ️ Professor of History. Author, To Keep and Bear Arms (1994)

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  ❝ "The militia is comprised of all able-bodied males" ❞ ~ U.S. v. Miller ℹ️ (1939)

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  ❝ the 2nd Amendment does not protect “the right of militiamen to keep and bear arms,” but rather “the right of the people.” ❞ ~ U.S. Court of Appeals for the D.C. Circuit ℹ️ (2007)

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  ❝ while agreeing with the 2007 D.C. Circuit ruling, they added, "[t]he adjective 'well-regulated' implies nothing more than the imposition of proper discipline and training.” ❞ ~ U.S. Supreme Court ℹ️

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  ❝ The 2nd Amendment, "protects an individual's right to possess a firearm, unconnected to service in a militia” ❞ ~ D.C. versus Heller ℹ️

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  ❝ "All citizens capable of bearing arms constitute the reserve militia, and the states cannot prohibit the people from keeping and bearing arms so as to disable the people from performing the (militia) duty to the general government.” ❞ ~ Presser v. Illinois ℹ️ (1865)

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🔗 External Links

• https://reason.com/2019/11/03/what-is-a-well-regulated-militia-anyway/