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Politics : The Trump Presidency
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To: zzpat who wrote (63167)3/28/2018 5:26:30 PM
From: TimF  Read Replies (1) of 363970
 
What do you know about the militia?

I know a pretty good amount about militias in the US and the law covering them, or though I'm not a lawyer and wouldn't call myself a specific subject expert here.

Not that it means a lot since the the 2nd amendment doesn't say "the right of the militia..." or "the right of militia members". And even if it did, millions of people in the US are legally militia members even if they don't know it. The law discriminates by age and sex since your only automatically a member of the milita if your an "able bodied male of at least 17 and under 45. You don't even have to be a citizen if you have made a "declaration of internet to become" a citizen.
See law.cornell.edu

Read Article 1, Section 8.

Nothing in it contradicts or even defines anything in the 2nd amendment.

First of all the right is a right of the people, not of the militia. So the whole line of discussion is pretty irrelevant.

But if the 2nd did say "the right of the militia: than -

1 - The article doesn't define the militia (US code does, rather broadly, although of course its much easier to change ordinary law than it is to change the constitution).

2 - The section does give the federal government the power to arm the militia and to govern them should they be employed in the service of the federal government, but it doesn't say that they will be, and they never have been) exclusively, or for the unorganized militia (see the Cornell link above if you don't know how that's defined) even normally, employed in the service of the federal government.
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