Posted on 08/23/2017 9:19:16 AM PDT by rktman
Asked about his thoughts on the Second Amendment, Breyer recalled that in Article I of the Constitution "it gives to the Congress the power to call up and regulate state militias."
"There was a lot of concern, if you read the Federalist Papers, you will just get a feeling for it. There was a lot of concern and fear that Congress might do that and disband them, and replace the state militias after they had disbanded them with a federal army. And that, many people said, vote no on the Constitution because if they can do that, then the federal government can destroy your freedom," he said. "Well, said Madison, in a sense, if I paraphrase him, never fear. We will put in the Constitution an amendment which says Congress can't do that. It cannot call up and disband the state militias. Why? Because a well-armed militia is necessary for the security of a free state, i.e. a state militia."
"And therefore the right to keep and bear arms shall not be infringed. In other words, they were talking about that. That's what I thought they were talking about, which is not the right of an individual to keep a gun next to his bed."
(Excerpt) Read more at pjmedia.com ...
“I would love to see a state , maybe Texas or Arizona pass a law naming every citizen of that state a member of their Militia.”
The Lefties would have a cow...and within a year, there would be 2 million new full autos, and 5 million existing semi-autos with a “happy switch.”
Come ON, Governor Abbott, start pressing the Legislature to pass a bill like this!
Here is some help for you, Breyer. It defines what the militia is.
https://www.law.cornell.edu/uscode/text/10/246
(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.
The “militia” starts with me and the firearm next to my bed. Any other definition is just some politician’s wet dream to power over an unarmed citizenry.
What’s this “under 45” crap?
Somebody out there really want to tell me that I’m too old to fulfill that oath?
Sorry Breyer. It’s settled law. Read up on the Heller decision.
No, he’s right, though not in the way he thinks. It ain’t about burglars (or deer).
". . . the right of the people to keep and bear arms shall not be infringed.”
It does not say, ". . . the right of the State Militia to keep and bear arms shall not be infringed."
"No right to for an individual to keep a gun by his bed," my ass, Breyer, you Dunderheaded dolt! Learn to read!
Everybody knows that when they used the word “PEOPLE” In the 1st, 4th, 9th and 10th amendments, it was a different PEOPLE they were talking about in the 2nd Amendment.
Nope. Have you ever heard a hunter being said to be “bearing arms” against a deer or a duck? That’s because bearing arms is usually associated with military actions.
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