Reply #217: More Than Close

[PeterBrady]

Did you even bother reading the links I posted?

Since you seem to think the ACLU knows what they are talking about I give you a little excerpt of one of the links I provided:

"The Militia which the States were expected to maintain and train is set in contrast with Troops which they <307 U.S. 174, 179> were forbidden to keep without the consent of Congress. The sentiment of the time strongly disfavored standing armies; the common view was that adequate defense of country and laws could be secured through the Militia- civilians primarily, soldiers on occasion."

The ACLU chooses to ignore the fact that the court said the militia is/are "civilians primarily". The reason there was no evidence showing a reasonable relationship to the preservation or efficiency of a well-regulated militia is that no one represented the defendants in Miller.

Also the ACLU choose to ignore the fact that the court said the militia is made up of "civilians primarily". Which you are also obviously ignoring.

The court also wrote, "Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense.''7"

In truth the military was at this time using short barreled shotguns. But again no one was there to point this out to the court and the Govt conveniently "forgot" to inform the court of this fact.

Why don't you take the time and read the links I provided? Your ACLU buddies are wrong. They are not providing you with all the facts. Hmm, maybe they have some agenda to promote and rely on the uninformed to spread their propaganda. But you did prove my point by showing that the ACLU agrees that the militia does have a right to bear arms which consist primarily of civilians. Re: individuals.

And while we are at it, the second also speaks to the point that, the right of the people to keep and bear Arms, shall not be infringed. I would assume you and the ACLU view the people as the US Military services and the militia which only consists of "soldiers".

But and examination of our constitution speaks many times of the people or persons and it is clear that what is meant is the civilians or citizen of the US not the military.

Who do you think our forefathers were speaking of when they mention the people in the US Constitution?

The Bill Of Rights

Article the third

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article the fourth <4>

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.

Article the fifth

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Article the sixth

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article the seventh

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article the eighth

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Article the ninth

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Article the tenth

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article the eleventh

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article the twelfth

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

So the next time you want to pop-off about my "misreading" of Miller maybe you should examine more than one biased source.