What is a 'well-regulated militia'? No less than Alexander Hamilton defined it for us.

[Yo_Mama_Been_Loggin]

In the wake of the Monday school shooting in Nashville, Tenn., the same old gun-rights debate has come around again, like Groundhog Day or a bad penny.

-snip-

One of the most contentious topics is, naturally enough, the true meaning of the Second Amendment to the U.S. Constitution, which reads, in full: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

As we all know, one of the habits of the most extreme gun promoters is to focus on the final 14 words and leave out the rest. Convenient, that.

-snip-

The term well-regulated militia didn’t refer to readers of Soldier of Fortune magazine running around in the woods with AR-15s and war paint on their faces. Hamilton defined it basically as what today we call the National Guard (although that was founded much later).

-more-

https://www.msn.com/en-us/news/opinion/what-is-a-well-regulated-militia-no-less-than-alexander-hamilton-defined-it-for-us/ar-AA19hoem

[Karadeniz]

1. This is what I've been saying. What should we think about Scalia et al who claim to be originalists?

How about evil?

[MurrayDelph]

7. Originalism is a scam

They start with the answer they want, and then cherry-pick to reverse-engineer an excuse to support that answer.

[Karadeniz]

8. Yep! Someone, somehow, needs to bring another 2A case before SCOTUS and lay out its

context and dare them to continue their antisocial, antihistorical interpretation. Media attention could sway their minds, once they know the American public is onto their scam.

[usonian]

2. The author makes good points.

It's a good read.

In very short, this amendment is about government, not a "culture wars" statement along the lines of "Freedom means complete absence of regulation or limits" like we see today, which is as close to anarchy as you can get.

The First amendment is about government, period. "Congress shall make no law ..."

As for the National Guard, that is anathema to magats, because it involves duty, respect for the law and a code of conduct.

Hamilton's writing here:
https://guides.loc.gov/federalist-papers/text-21-30#s-lg-box-wrapper-25493342

Was he anticipating January 6?

In times of insurrection, or invasion, it would be natural and proper that the militia of a neighboring State should be marched into another, to resist a common enemy, or to guard the republic against the violence of faction or sedition.

[elleng]

3. RIGHT-WING SUPREME COURT CONTINUES ITS "GREAT FRAUD"

ABOUT THE SECOND AMENDMENT

As former Chief Justice Warren Burger said: “The Framers clearly intended to secure the right to bear arms essentially for military purposes.”

https://theintercept.com/2022/06/24/supreme-court-gun-second-amendment-bruen/

[friend of a friend]

4. I am sure that most people here know that the problem is the Supreme Court.

Is there anything that can be done?

[Smackdown2019]

5. Non-regulated Militias

So, if we put the non before the phrases, a non-regulated Militia shall be infringed. It says well regulated Militia

Issue is, 250 years ago, we had musket rifles. Maybe three shots per minute and were not reliable for aiming. In other word, if a solider aimed at a captain, may shot the private.

What Constitution Framers were looking at, is protection of the government by the people and for the people. They never envisioned a weapon of today to fire 15 rounds in 10 seconds, let alone the US CONSTITUTION still be the law of the land. That is why amendments were added for change for the times, unfortunately, the right wing has become old way of the south. Look, they balked at the Confederate Battle flags and Confederate Statutes being removed.

So, back to point.... there is a Division of this country and that Division is made up followers of those that are only for themselves, not for the people. Those leaders lie amd cheat by hoodwink they blind followers by using the talking points they beat into their brains. Talk tv/radio.

We have to go after what brought us here, the big lie.

Remember, Obamacare was hated by the right, but when the Affordable Care Act was being gutted, those same right wingers said no to the gutting, not realizing its Obamacare since they were beat over the head as it being bad.

Ar15 is military weaponry, it needs to be regulated....

[Igel]

6. From the "authority".

Noting that this is one member of the committee, and it's the *committee* that rules.

"The project of disciplining all the militia of the United States is as futile as it would be injurious, if it were capable of being carried into execution. A tolerable expertness in military movements is a business that requires time and practice. It is not a day, or even a week, that will suffice for the attainment of it. To oblige the great body of the yeomanry, and of the other classes of the citizens, to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia, would be a real grievance to the people, and a serious public inconvenience and loss. It would form an annual deduction from the productive labor of the country, to an amount which, calculating upon the present numbers of the people, would not fall far short of the whole expense of the civil establishments of all the States. To attempt a thing which would abridge the mass of labor and industry to so considerable an extent, would be unwise: and the experiment, if made, could not succeed, because it would not long be endured. Little more can reasonably be aimed at, with respect to the people at large, than to have them properly armed and equipped; and in order to see that this be not neglected, it will be necessary to assemble them once or twice in the course of a year.

"But though the scheme of disciplining the whole nation must be abandoned as mischievous or impracticable; yet it is a matter of the utmost importance that a well-digested plan should, as soon as possible, be adopted for the proper establishment of the militia. The attention of the government ought particularly to be directed to the formation of a select corps of moderate extent, upon such principles as will really fit them for service in case of need. By thus circumscribing the plan, it will be possible to have an excellent body of well-trained militia, ready to take the field whenever the defense of the State shall require it. This will not only lessen the call for military establishments, but if circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist."

Notice that "select" means "chosen from among a set". So Hamilton argued for a "select corps"--a chosen subset--of the militia.

That subset of the militia would qualify. But still allows for the actual militia from which it was chosen.

Interesting that this precisely meets the reading of the 2A: If you want to have a well-regulated militia, you need to have an armed non-select militia from which you can select a select militia. Not that I think that one member of a legislature gets to define terms or outcomes for the majority.