• ubergeek@lemmy.today
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    11 hours ago

    In this context when they write about a well regulated Militia being necessary to the security of a “free State,” they actually imply that the security guarantee is against a tyrannical state of which they had recently been at war with.

    No, it doesn’t. Read Article 8, as it describes what the militia’s purpose is. At the time “the people” meant “the states”, as each state was to be secure in it’s own abilities and authorities to manage it’s militias. The purpose was to put down insurrections and slave revolts.

    Remember, also, that to be “in the militia”, you were also reporting for regular muster and inspections. By the government.

    • sentinel@lemmitor.com
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      9 hours ago

      Considering there are only 7 articles to the constitution I assume you mean Article 1 Section 8 which defines the ability of the federal government to call forth a militia but does not itself impose any substantive limits on the militias beyond that? Is that the article you are referring to? Maybe you should re-read it. Well regulated language is conceptually distinct from congress’s power defined in A1 § 8 to organize and discipline a militia once its activated. The text also imposes no federal prohibition on state or unorganized militias from setting membership or arms. If it isn’t prohibited by the language of the document, it is allowed.

      • ubergeek@lemmy.today
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        9 hours ago

        Yes, sorry… the militia clause, as its known

        The purpose of the militia is to put down insurrection, not to engage in it.

        The word “regulated” has had only one actual meaning… the same as it means to regulate interstate commerce.

        And only a couple of years later, the militia acts passed.

    • Psychadelligoat@lemmy.dbzer0.com
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      10 hours ago

      At the time “the people” meant “the states”

      Please take a government class before continuing with your understanding of the Constitution

      • ubergeek@lemmy.today
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        9 hours ago

        Please read why the 14th amendment extended the bill of rights to apply to people…

        • Psychadelligoat@lemmy.dbzer0.com
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          9 hours ago

          That’s not what the 14th amendment does

          The 14th provides birthright citizenship, outlines that states won’t imprison people without due process, covers congressional proportionality, and makes insurrection/treason cause for not being eligible for office

          Seriously, take a constitutionality class, you need it

          • ubergeek@lemmy.today
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            9 hours ago

            I pray you actually read what people point you too:

            No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law

            • Psychadelligoat@lemmy.dbzer0.com
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              9 hours ago

              That explicitly states that the States cannot punish people without due process, it does not change that the constitution has always applied to individuals

              You’re looking at an amendment that’s targeting the end of slavery and incorrectly applying it to all people