Posted on 10/17/2007 11:48:49 AM PDT by Dr.Syn
No. It's referring to regular troops, not militia.
Difference?
Yes.
Is a state militia organized, armed, and disciplined under the authority of Congress? leaving the state with only the power to appoint officers, and to train the militia (and that only as prescribed by Congress)?
Question uncomfortable?
Yes, but not exclusively. It is a shared power with the states.
"leaving the state with only the power to appoint officers, and to train the militia (and that only as prescribed by Congress)?"
The state has the exclusive power to appoint officers and train the Militia however they want, minimally as prescribed by Congress.
The Constitution doesn’t say anything about sharing that power.
The training is as prescribed by Congress - no mention of “minimally”.
Congress may have the option to share those powers, but at its own discretion - if Congress chooses to not share therein, that is its delegated power and the state has no say.
If the power is not removed from the states (eg., in Article I, Section 10), then it is a shared power. If Congress does not arm the Militia, the states retain the power to do so. Prior to the federal Militia Act of 1792, the states had the power to organize their Militia as they saw fit.
"The training is as prescribed by Congress - no mention of “minimally”."
If Congress says twice a year, there's nothing to stop the state from training three times a year.
The People: any and everyone who is lawfully within the territorial limits of the United States AND SUBJECT TO THE JURISDICTION THEREOF. In other words, everyone who is a citizen or LEGAL resident of this country can be said to be part of “We, the People.”
So "the people" of the second amendment are different than "the people" in Article I, Section 2 which reads (in part):
"The House of Representatives shall be composed of members chosen every second year by the people of the several states ..."
If indeed "the people" means "everyone who is a citizen or LEGAL resident of this country", then that means children can vote. And the insane, felons, etc.
You sure you mean that? In other parts of the U.S. Constitution (eg., Article IV, Section 2), if the Founding Fathers meant "citizen" they wrote "citizen".
Ooooh. And you posted to "All". That's embarrassing on a global scale.
I’ll bite.
If “the people” amounts to “eligible to vote”, then do you conceed the 2nd Amendment protects (to wit “shall not be infringed”), at least on a federal level, the right of all registered voters to keep and bear arms?
Yes, assuming the registered voter a) is otherwise qualified (ie., not in jail, not insane, etc.) and b) is acting in a capacity as a Militia member.
The phrase "the people" as used in the U.S. Constitution had a certain meaning to the Founding Fathers. It meant the enfranchised body politic, "full" citizens, individuals who were invested in the country. In 1792, "the people" were white, male, voting, citizen landowners. Not everyone. (Today, of course, "the people" encompass a larger group.)
If the Founders meant every individual, the used the term "person" (or "he"). If they only meant citizens they used the term "citizens".
The Founders could easily have written the second amendment using those other terms if that was who they meant to protect.
He should have a target tattooed on his foot.
The several states set their own guidelines as to who can vote in their elections. Which is CITIZENS. However, it is not just citizens who may own firearms. It is anyone who is here LEGALLY.
What’s embarrassing (or SHOULD be, but you’re beyond the pale) is your constant cheerleading for big and bigger government. Defining “people” as those here legally, whether citizen or legal immigrant, indicates that the People do have a connection to this nation AND are subject to its jurisdiction. Please get your head out of your butt and start acting like a human being.
Read a book.
The FBI crime stats showed the AWB did nothing to curb violent crime.
Try to keep up.
Foreign visitors here on vacation? Foreign students?
So, in addition to small children, the insane, the feeble-minded, felons and prisoners (who are all citizens) who may have guns, you're adding foreign visitors? Gosh, is there a waiting period for foreigners?
http://www.awbansunset.com/
http://www.madogre.com/Political%20Items/TheAWB.htm
http://www.guncite.com/gun_control_gcassaul.html
Let's get back to ignoring each other shall we? It's much safer for you...
[I don’t think that anyone ever believed it would reduce crime, on either side of the aisle.]
Try to keep up.
Try to keep up...
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