• Rivalarrival@lemmy.today
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    9 months ago

    Constitutionally speaking, what is the militia?

    It’s mentioned separate and apart from “armies” and the “Navy” in Article I Section 8. Some of the gentlemen listed in OP’s image defined it as “the whole body of the people”.

    The Second Amendment declares the importance of the militia, and then guarantees a “right of the people”.

    What do you think the militia actually is?

    The word “people” appears in the 2nd Amendment, as part of the phrase “the right of the people”. Who are “the people” in this context? What “right of the people” does the 2nd amendment refer to?

    • arquebus_x@kbin.social
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      9 months ago

      If I’m not mistaken, a “militia” was understood to be an ad hoc, non-standing armed group, supplied by the resources of its members. The amendment was added so that if a militia were ever needed (again), it could be formed, because the pool of potential militia members had their own firearms. Laws limiting citizen access to firearms would hobble any new militia.

      Given that armies at the time were only recently becoming “standing” (permanent) armies, and the U.S. didn’t really have one, their best option for making war was militias. They were acutely aware that the revolution began that way, and only later developed an actual (organized, separately supplied, long-term) army.

      But very quickly, the U.S. developed permanent armed forces and never had to rely on militias again. At that point the 2nd amendment really should have been obsolete.

      • Midnitte@beehaw.org
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        9 months ago

        Milita at the time would refer to state milita.

        Militias would be raised by each state government, their loyalty and devotion to the new American republic was assured by the fact that they would be defending their families, their neighbors, and their homes. - Source

        They originally envisioned a much different military structure.