The Plot Against Gretchen Whitmer Shows the Danger of Private Militias (Mary McCord)

[Nevilledog]

Link to tweet

Tweet text: Vanita Gupta
@vanitaguptaCR
Mary McCord: “In the swirls of disinformation that now pollute our political discourse, one is particularly dangerous: that private militias are constitutionally protected.
Indeed...the 2d Am does not protect such activity; and all 50 states prohibit it.”
A gathering in Louisville, Ky., in September.
Opinion | The Plot Against Gretchen Whitmer Shows the Danger of Private Militias
These groups have no constitutional right to exist.
nytimes.com

https://www.nytimes.com/2020/10/08/opinion/militias-gretchen-whitmer.html

In the swirls of disinformation that now pollute our political discourse, one is particularly dangerous: that private militias are constitutionally protected.

Although these vigilante groups often cite the Second Amendment’s “well regulated militia” for their authority, history and Supreme Court precedent make clear that the phrase was not intended to — and does not — authorize private militias outside of government control.

Indeed, these armed groups have no authority to call themselves forth into militia service; the Second Amendment does not protect such activity; and all 50 states prohibit it.

The danger of these groups was brought home on Thursday with the announcement that the F.B.I. had thwarted a plot by people associated with an extremist group in Michigan to kidnap Gov. Gretchen Whitmer and overthrow the government.

*snip*

[SheltieLover]

1. K&R!

But Eric Prince made goons for hire "acceptabl".

[mr_lebowski]

2. While these facts lay bare one particular line of argument it doesn't prove they don't have A right

to exist.

Workers Unions don't have a Constitutional Right to Exist. Neither does the Lions Club.

Just a couple for-instances.

Don't take me wrong, I freaking HATE these organizations and I think the people in them are deranged.

But not having an explicit constitutional right to exist isn't the same as no right to exist.

You just lack certain protections without that imprimatur.

[PSPS]

4. LOL. "one particular line of argument"

There is no "two sides" to this. See Dennis v. United States, 341 U.S. 494, 71 S. Ct. 857, 95 L. Ed. 1137 (1951)

[mr_lebowski]

6. I was not suggesting they have any Constitution-based imprimatur ...

But that's not the same as 'no right to exist'.

Thought I spelled my point out, but I guess not well enough.

[the_sly_pig]

3. I don't know if this will be a popular response....

Government cannot and should not regulate the formation of groups regardless of the activity. My reasoning is that realistically you can make the formation of militias illegal, but that will not stop their formation. It will drive participants underground.

I prefer knowing who is in a militia.

Government does have the authority to make and enforce laws. And any person or group of people that breaks those laws should be put down and put down hard. I consider what these clowns did in Michigan both terrorism AND treason.

And maybe I'm splitting hairs, but I consider the formation of organizations legal. Organizations can perform illegal acts.

I've seen plenty of organizations occupy a government building, the obvious difference is that militias openly carry weapons.

There are two ways to view people that open carry: The first is outright intimidation (which is what I believe). The second is a persons right to own and carry a weapon for "defense". Both views have validity.

So, in a roundabout fashion, what I'm saying is that no one can stop crime or criminal behavior. We're better off focusing on intelligence gathering, punishment and the underlying issues that promote criminal activity.

[PSPS]

5. Private militias appearing in public armed is specificly prohibited by statute in all 50 states.

Also, the idea that their activity as a "private army" is also not covered or protected by the second amendment.
See Dennis v. United States, 341 U.S. 494, 71 S. Ct. 857, 95 L. Ed. 1137 (1951)

[the_sly_pig]

7. Understood.

Yet here we are...

[uponit7771]

8. These look like Right wing racist assholes who want to shoot the other, this is the scary