Why do people continue to misinterpret our great Constitution?

Question

And I quote from Article I, Section VIII part 15-16:

"[15] To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;

[16] To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;"

Sounds like they're talking about the Army and National Guard so forth right? Not according to righty, and the NRA. They claim they are talking about everyday citizens. Even though last I checked everyday citizens are not in the "employ of the United States".

I know you are saying, "Where are you going with this?" Though some of you hardcore neocons already know.

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.

To me and most who understand the Constitution and the vocabulary of the time, Militia refers to an organized Army, not individual citizens.

So to the NRA junkies out there, your Constitution argument is a false one. What do you think?

Let the party begin!

oldfart

Check your inbox, I did!

It leaves no room for interpretation, it clearly defines the word militia.

Again it says a trained militia, sounds like the modern day army to me, an army of citizen volunteers, who are trained by the States.

PS the Constitution of the US supercedes any Codes that may have been written later. Besides this is your code word for word:
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who ARE MEMBERS OF THE NATIONAL GUARD.

Not along with others who may volunteer. That was added in to suit your needs.

That does not include all citizens, only those who ARE in the National Guard, do you even read your own references.

Also, your Ninth Amendment only limits the government from adding to the Constitution to take away any rights that have been given to you. Your right to bear arms as an ordinary citizen has not been given to you. This is all in plain English...wait... are you guys illegals?

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

Again, doesn't matter what you call them, minutemen, sheriff's posse, all trained by the states under the same Article I quoted.

Uh....Golden...your definition.....it has the word ARMY in it, did you read it before posting?

You neocons with your blinders on!!! You make me laugh! You provide references that conflict with your own explainations. Doesn't Fox provide better references than that?

Answer 1

Because the constitution means nothing under the Bush regime. We have slowly allowed this country to be taken over, and out treasury plundered.

Americans get what they deserve...

If they really want change, they will come out in full force this November and vote for change...

Answer 2

I suggest that you read the United States Code and check on what a militia really is. A militia is the body of citizens that can be called upon to assist the government in time of need. This is a group that was called the Minutemen during the Revolutionary era and a Sheriff's posse later on in our history. Remember that the flaw in your argument was that there was NO National Guard when the Constitution was written, and that the founders were all fairly set against having a standing Army.

When you finish thinking about that, then check Title 10 of the United States Code, Chapter 311 and see what the current US militia really is. The militia is legally all males between the ages of 17 and 45 and all females who are in the military or reserves/guard already, along with others who may volunteer. it doesn't even require you to be a citizen, just have declared your intent to do so.

That pretty much means that the militia really is all of the people, which means we all have the individual right to bear arms.

And that proves that I do have the right, without even getting into the argument on how the militia clause is explanatory and the declaratory right is not limited to just the militia. It is one reason for the right, but not the only reason.

And then, we could debate the fact that the Ninth Amendment also limits the government to the declared powers, and there is no power to restrict my ownership of anything. So, I have the right to own any item, and there is nothing the govenrment can legally do about it.

Answer 3

Definition: Militia

1. soldiers who are also civilians: an army of soldiers who are civilians but take military training and can serve full-time during emergencies

NOT THE ARMY!

you claim to know the language of the time and i challenge that. "A well-regulated militia being necessary...." etc. there's a big difference between a militia and an army. the way i read this is that there is no provision for a regular army and that "the security of a free State..." rests in the hands of the citizens.

what many fail to remember is that the USA was formed as a democracy, a state governed by it's people. ("We the people...etc.) and NOT by collection of professional bureaucrats. NOT an organization operated by a hierarchy of paid officials.


EDIT for the nit picker: small a (a noun), army a group. large A (proper noun), as in US Army. jeebus get over yourself. btw, i have never been misunderstood to be "a conservative" neo or otherwise, how silly, but i am certainly no "liberal" either. yes there are other avenues.
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Answer 4

The men who wrote the constitution and bill of rights had just completed a war where the troops were militia. Militia is a group of civilians who get their guns and ammunition, gather together to train, and them march off to defend their country. This means that the civilian population have to have the right to keep and bear arms in order to join this militia. Why do people not read the words in the constitution as the founders intended them, from their perspective I think it is obvious what is meant.

Answer 5

They interpret it to allow them to do whatever they want.

Of course they know that was not the intention when it was written.

They're hypocrites.

Answer 6

If a person wants a gun they will get a gun no matter how you interpret the Constitution.

Answer 7

I don't know but I'm buying another gun tomorrow. Us everyday citizens need protection from you angry people.

Answer 8

It leaves lots of room open for interpretation.

Answer 9

we're uder the ucc now and have been since 1952

Answer 10

If you studied history much you'd know how silly your rant is to the educated.