Quote:
Originally Posted by Bruce Day
"Militia" is well defined, see below. You fellows over 45 are not in the militia. I am by virtue of being subject to recall by order of the President.
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If you are recalled to active duty with the U.S. Military you are not part of the "militia" ( a bit surprising to me that you would not know that). The standing active duty military is not the militia. The National Guard , which didn't exist until 1903, created by the Dick Act is not the militia.
This was addressed and clarified in 1982 by the Senate's Judiciary Committee, Sub-committee on the Constitution, in Senate Document 2807:
"That the National Guard is not the 'Militia' referred to in the Second Amendment is even clearer today. Congress had organized the National Guard under its power to 'raise and support armies' and not its power to 'Provide for organizing, arming and disciplining the militia.' The modern National Guard was specifically intended to avoid status as the constitutional militia, a distinction recognized by 10 U.S.C. 311(a).
Title 32 U.S.C. in July 1918 completely altered the definition of the militia and its service, who controls it and what it is. The difference between the National Guard and Regular Army was swept away, and became a personnel pay folder classification only, thus nationalizing the entire National Guard into the Regular Standing Armies of the United States."
The bottom line all the arms, the munitions, the armament and equipment of both the Active Duty Military and National Guard is owned and controlled by the federal government,
not by "the people" as stipulated in the last phrase of the Second Amendment.
With regard to a standing military and the 2nd Amendment, here's the voice of a more obscure founding father.
"What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty. . . .Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins." - Rep. Elbridge Gerry of Massachusetts, Signer of the Declaration of Independence, VP of the United States 1813-1814, spoken during floor debate over the Second Amendment, , August 17, 1789
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