Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?

To: Cogito who wrote (74683)	7/3/2008 5:38:06 PM
From: TimF	Respond to of 543202

As you say, Hamilton was talking about organized militias that were engaged in regular disciplined training, and this would appear to be what he, and his contemporaries, meant by calling them well regulated. 1 - The amendment doesn't limit the right to such militas, it gives it to the people. Look at the other use's of "people" "the people" and similar phrases in the constitution. Can you find a single one that is using that term to refer to a right or power of government at any level? 2 - Both militias that where "well regulated" in the sense of being relatively disciplined and trained, and the less well regulated militias relied on people bringing their own weapons most of the time (this wasn't quite universal, sometimes weapons where provided, but it was the standard). Many militias did not train regularly as a group. They where not for the most part formal groups at all. 3 - Even if the right was that of the militia members, it would be a stretch to conclude that "well regulated" implied some sort of standard for how well trained the militia was necessary for the right to keep and bear arms. Its quite likely that a less well regulated militia would be much less effective at protecting the security of a free state (if you can't shoot well, or even if you can but you can't work well with others and follow orders, well you probably won't be all that good at fighting off a danger to the state), but the recognized right doesn't depend on a specific militia member being useful.