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Safer Streets 2011: Militias and Mumbais

July 3, 2011
John Longenecker, CFP
7/2/2011

Anti-gun groups are quick to link Militia to state governments, but, as usual, they mislead the electorate. When the Supreme Court and lower courts grapple with the second amendment as a concept of state militia, they err. Still, many wins for the individual right were made possible by a greater adherence to Original Intent than ideas that the Document is a ‘living document’, that a militia must be a state entity, or that a militia is a hate group.

The United States is a living, breathing entity only because the Constitution and Original Intent are firm. If they were flexible, we never would have survived a generation. Here are a few key points of how the importance of the past is relevant now.

  1. Militia within the meaning of the second amendment pre-dates the United States. In the framing era, well-regulated meant self-regulated in answering the question, regulated by whom? There was no government in the framing era when the Militia was first-in-time.
  2. Militia pre-dates the formation of the federal government, a creation of the states. The founders did not mean that Militia was a federal concept when, in fact, there was no federal government.
  3. Militia within the meaning of the second amendment pre-dates an organized police force by nearly 100 years. There were no cops.
  4. Militia within the meaning of the second amendment pre-dates National Guard by about 130 years. So much for the ‘state’ concept as an exclusive, collective concept.
  5. Militia within the meaning of the second amendment is affirmed by the Vitter Amendment to the Disaster Recovery Personal Protection Act of 2006.
  6. Militia within the meaning of the second amendment is a preparedness paradigm of volunteers to activate in time of disaster or any other emergency. Because there is no one else.

And now… the rest of the story. …..

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